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HomeMy WebLinkAbout0075 CHARLES STREET - Amnesty °7 5 CHARLES[STREET ILU-9 Q � a Q r i I a-7�i � l AMNESTY FILE b wnl'ZiJ MULT10FAMILY FILE D � tii F , f r e 75- C/ � i �4 ULKOD" 2U4' i j E i r75-- _.._ -�'- °F„H�E r y The Commonwealth of Massachusetts Town of Barnstable AAS& . : : 2024 rf0 lAAt Certificate of Inspection Issued to 75 Charles Street Multi Family Certificate No. Type: Building - Certificate of Inspection DBA 75 Charles Street Multi Family IC-17-307 Identify property address including street number, name, city or town and country Certificate Expiration Located at Map/Lot 309-256 5/31/2024 in the Town of Barnstable 75 CHARLES STREET, HYANNIS Location Use Group Classification(s) Allowable Occupant Load 1st R-2: Apartment houses, dormitories 6 Restrictions 6 MULTI-FAMILY UNITS 4 STUDIOS (UNITS 5&6: AMNESTY) 2 ONE-BEDROOM This Certificate of inspection is hereby issued by the undersigned to certify that the premise, structure or portion thereof as herein specified has been inspected for general fire and life safety features. This certificate shall be framed behind clear glass and\or laminated and posted in a conspicious place within the space as directed by the undersigned, Failure to post or tampering with the contents of the certificate is strictly prohibited. Name of Municipal Building Official Edwin Bowers Date of Inspection 1/15/2020 Signature of Municipal Building Official Date of Issuance 7/12/2019 COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE - Date "x f (X) Fee Required$ • D ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises located attt the �following address: Street and Number: Name of Premises: Purpose for which premises is used.MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL --- STUDIO � 1 BEDROOM + 2 BEDROOM 3 BEDROOM r OTHER / = Certificate to be Issued to: 1�-�e� �` �- L L Address: Telephone: U 0 0 ®2— Name and Telephone Number of Local Manager,if any: Owner of Record of Building: Address: ( Name of Present Holder of Certificate: SIGNATURE OF PERSO OM CERTIFICATE Cy� IS ISSUED OR AU D AGENT J � PLEASE PRINT NAME PROM INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN ET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certfied. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# jq EXPIRATION DATE:_ a coiappmf --- r-- ------ ��d � �� .���� i � I � I i I ` 1 Town of Barnstable Building Division 200 Main Street Bnnr►STABLE. ' Hyannis,MA 02601 MASS. BARBSTABLE 163q. ,0� (508) 862-4038 25a$ F E rr 1639.2614 ❑ Inspection Report ❑ Notice of Violation Business: k C Date of Inspection: Contact: Info: Address: c ®.it q m_ S`T, R I.up s S Info: Phone: Info: Email: Info: During the annual occupancy inspection of your premises,performed in accordance with Section 110.7 of 780 CMR, Massachusetts State Building Code,as amended the following deficiencies and/or violation(s)were noted: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: 0 Section(s): Location: Action required to abate the above violation(s)you must: None:no violations were observed at the time of inspection 0 Make corrections immediately and contact this office for a follow-up inspection Re-inspection fee of$ is requited and a re-inspection to be requested by business within days. 0 Make corrections prior to your next annual or semi-annual inspection. 0 Property/business owner or owners approved agent contact inspector for consultation Official/Inspector: Telephone: 508 862-4038 Received By: Date: �_l - Z-0 Print Name: Section 102.6 existing structures-The owner as defined in 780 CMR 2,shall be responsible for compliance with provisions of 780 CMR 102.6 And,if aggrieved by this notice and order,to show cause as to why you should not be required abate the violation in this notice,you may file a Notice of Appeal(specifying the grounds thereofi with the State Building Code Appeals Board within (45)days of the receipt of this order and in accordance with MGL c. 143§100. Cerfificate of Inspectionr L.Ist 0 >Sec;tion :1.05.:1. Permit Required 0 Section 1.05.6 Permit Suspension or:Revocation - 0 Section 105.7 placement of Permit: n site) 4 Section 107.E Construction Control a Section 11.0.3 Inspections Required 0 Section 1.10.7 Periodic Inspection (valid Certificate) O Secation 111.0 Certificate of Occupancy 0 Section 1.1.:1..5.3 place of Assembly Posting of Occupancy y 0 Sect-ion 1.-.1 .:1 Occupancy or Change of U-se ® Section 11.5.0 Stop "or"k Order Section 116 Unsafe Structure Section 901.5 Testina of .lar°r s/Sprinkler System Section 901.9 Fire Protection Signa e Section 90 . .2 Commercial Ansrrl Svstem a Sections 90 .2.2 flood System Maintenance � a Section 906 Fire Extinguishers a Section 1001. 3.1. Maintenance of.Exterior Stairs/:Fire Section 1001.3.2 Testing/Certificate Exterior Stair°s1Fir°e Escape 0 Section, I004 3 Posting of Occupancy Limit Section :LOOS deans of Etl.yress Sizing 0 Section 1.006 Number of Exits and Access Doors a Section 1008 Means c f Egress Illumination ® Section 1010.1.9 Door Operation 0 Section 101.0.1.9.1. Hardware (Locks and Latches) ' W Section .1.01.0s:1..1.11 Panic Hardware (A or F > 50) m _ Sec:ti€n 1.01.1. Staili ays Section 1.012 Ramps Section 1.01.3 Exit Signs gi Section 1014 Handrails drail:s Section 1015 Gk ards Section 1.030 Emergency .Escape SINE Town of Barnstable Building Division , 200 Main Street * HARNSTABLE, Hyannis,MA 02601 BARNSTABI,E MASS. 9$A 39 , (508) 862-40 8 „,zks ,_krn•tnur,� �6 . 0 pkxi0'x.NitlS•u4'E':.':1Ee ttt;:3Vk4Sf+PlE TFO MA'S A` loq zo14 ❑ Inspection Report Notice of Violation Business: Rip-A V:�IvA Date of Inspection: Contact: Info: Address: t��leS S i ��N1 ds Info: Phone: Info: Email: Info: During the annual occupancy inspection of your premises,performed in accordance with Section 110.7 of 780 CMR, Massachusetts State Building Code,as amended the following deficiencies and/ violation(s)were noted: Section(s):(�� t-� Location: yr- Q Section(s): Location: Q Section(s): Location: Q Section(s). Location: Q Section(s): Location: Q Section(s): Location: Q Section(s): Location: Q Section(s): Location: Q Section(s): Location: Action required to abate the above violation(s)you must: Q None:no violations were observed at the time of inspection Make corrections immediately and contact this office for a follow-up inspection Re-inspection fee of$ is required and a re-inspection to be requested by business within days. Q Make corrections prior to your next annual or semi-annual inspection. Q Property/business owner or owners approved agent contact inspector for consultation r Official/Inspector: F -a K I �Dr-%iN ; - Telephone: 508 862-4038 Received By: ate: Print Name: Section 102.6 existing structures-The owner as defined in 780 CMR 2,shall be responsible for compliance with provisions of 780 CMR 102.6 And,if aggrieved by this notice and order;to show cause as to why you should not be required abate the violation in this notice,you may file a Notice of Appeal(specifying the grounds thereoj)with the State Building Code Appeals Board within(45)days of the receipt of this order and in accordance with MGL c. 143§100. Certificate of inspectilouffi • Section 105A Permit Required • Section 1056 Permit Suspension ol. Revocation • ioma 107z6 Conslruefl rrr :'rarrtrcrl Section 11,03 Inspections Required Section 110,7 Periodic Fnspection (valid Certificate) ecti rr 1.11 A0 Certiticate of Occupancy Section 111 m I'llace of Assembly Postinm of Occupancy Section 114.1 Okcupanlc mr. 1r e of use ecti n �± S'' OUWIZ ga r°�11. US Section 901.5 #'vA ra of Al ns/Spr~1rr 1 r Systeni Section 904J2 Commerciall A asr&1 System Section 904.2.2 110 yste er Maintenance Section 906 Fire Ex.finguishers tion 1,001.3.2 Testing/Cer+i1ficate ExteriorStairs[FireEscape Section 1,1043 Posting of Occmpancy Limit Section INS Aleans of Egress Sizing 41 Section 1008 ins ol"Eoress Illumination 0 Section 1.0111,9 Door Operation a Section 101.11.1.9.1 Hardware (Locks and Latches) 0 S t1.rarr.1.01. -1-1.0 Panic Hardware (A or E > 0) - 0 Section :1.01:1. Stairways 0 Section 1.012 '1l a airs 0 Section 1030 Emergency.Escape oF� Town of Barnstable • Building Department eaxxsrv3t�. � g p ' � Brian Florence, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 9, � 'N n I Re: Multi-family (5-year Certificate) Dear Property Owner, Attached is an application for a Certificate of Inspection (COD required by 780 CMR the Massachusetts State Building Code,Ninth Edition Chapter 1- Section 110.7 which reads. 110.7 Periodic Inspections. The building official shall inspect periodically existing buildings and structures and parts therrof in accordance nth Table 110 entitled Schedule for Periodic Inspection of Existing Buildings. Such buildings shall not be occupied or continue to be occupied urithout a valid certificate of inspection. Please complete the application and return it to the Building Commissioner's Office with the / required fee (amount as set on the top right-hand corner); the fee must be paid before the Certificate of Inspection may be issued. Generally periodic inspections are unannounced;however you may feel free to contact us for inspection once the application fee is paid. For your convenience,we will be inspecting common areas, corridors, stairways, community rooms, emergency lights, exit signs to ensure that the batteries and lighting are functional and making sure that the doors work and the exits are clear. You will need to have any fire extinguishers and fire alarm systems inspected and tagged as appropriate a copy the technicians reports onsite for the inspection. If you would like to have your COI application emailed please provide an email on the Certificate of Inspection Application. Sincerely, Brian Florence, CBO Building Commissioner jcoiletmf r Doc o 1 r 370 s 3Z9 05-20-2E?19 -3--44 BAi'NSTA LE LARD COURT REGISTRY BARNSTABLE w T01,'01N CLERK Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision arti9 NdtR27 P 2 -54 Accessory Affordable Apartment Program Comprehensive Permit No.2019-010--Lyon/Red Bird LLC Decision: Approved with Conditions Applicant: Jeffrey Lyon/Red Bird,LLC Property Address: 75 Charles Street, Hyannis, MA Map/Parcel: 309/256 Zoning: RB—Residence B Zoning District Summary: Allow the transfer of ownership of two studio accessory affordable apartment units located in the multi-unit primary structure pursuant to the Code of the Town of Barnstable,Chapter 9, Article II Deed Reference: Certificate No.215349 Applicant/Site Control The Applicant is Jeffrey Lyon, Red Bird, LLC.,the owner of property addressed as 75 Charles Street, Hyannis, MA. The Applicant has been the owner of the property since February 2,2018,as evidenced by a deed recorded at the Barnstable County Registry of Deeds on Certificate No. 215349 on February 2, 2018. A signed Affidavit dated January 31, 2019, declares that 75 Charles Street, Hyannis, is a multi-unit property owned by Jeffrey Lyon/Red Bird,LLC. (� Locus The subject property is a .18 acre lot developed in 1930 with 2,080 square feet of living area, 3,260 gross floor area, 2-story apartment building. The structure houses four (4) studio apartments and two (2) one-bedroom �. apartment units. The lot is served by public water and sewer,and is located within an Aquifer Protection Overlay District, Background On July 26,2007,Comprehensive Permit No.2007-056 was granted to Adam J. Hostetter&Daniel C. Hostetter for unit No. 5 and unit No. 6 as Accessory Affordable Apartment units. The property was sold to Jeffrey Lyon/Red Bird LLC on February 2,2018. Procedural&Hearing Summary ' On January 31,2019,Red Bird, LLC submitted an application for a Site Approval Letter as prescribed in the Code of Massachusetts Regulations 760 Section 56.00 and provided for within the Accessory Affordable Apartment Program of the Town of Barnstable. The application was submitted as a local initiated Chapter 40B. Notification of the application was submitted to the Department of Housing and Community Development. A Site Approval Letter was issued to the Applicant for the subject property by Town Manager, Mark Ells, on February 4, 2019. Notice of the Site Approval Letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760 56.00. A request to transfer the comprehensive permit to the new owner was filed at the Town Clerk's Office on February 8, 2019 was duly advertised in the Barnstable Patriot on February 22, 2019 and March 1, 2019 and notices were sent to all abutters in accordance with M.G.L. Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and in accordance with § 9-15 of the Code of the Town of Barnstable, more commonly termed the"Accessory Affordable Apartment Program". Findings of Fact At the hearing on March 13,2019,the Hearing Officer made the following findings of fact: Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No.2019-010—Lyon Concerning standing,the right of the applicant to seek a comprehensive permit,the Hearing Officer found: The Applicant,Jeffrey Lyon/Red Bird LLC, is the owner of the property located at 75 Charles Street, Hyannis MA, as evidenced by deed recorded at the Barnstable County Registry of Deeds on Certificate No. 215349 recorded on February 2, 2018. A signed Affidavit dated January 31, 2019, declares that 75 Charles Street, Hyannis MA, is owned by Jeffrey Lyon/Red Bird,LLC. 1. The application for a comprehensive permit was made in accordance with the Town of Barnstable's Accessory Affordable Apartment Program, Chapter 9 Article II of the Code of the Town of Barnstable. That program is structured as a self-regulating income-limiting local initiated housing program, a qualified funding program accepted under the Code of Massachusetts Regulations 760 Section 56.00 that governs grant of comprehensive permits. 2. In accordance with MGL Chapter 40B and 760 CMR 56.04 (4), a Site Approval Letter was issued to the Applicant for the subject property by Town Manager, Mark Ells, on February 4, 2019. Notice of the Site Approval Letter was sent to the Department of Housing and Community Development,in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this application. Regarding consistency with local needs,the Hearing Officer found: 3. The Applicant is seeking to transfer the Comprehensive Permit for unit No. 5 and unit No. 6 into new ownership. The apartments are located within the primary structure at 75 Charles Street, Hyannis MA.To permit the apartments as accessory affordable units under Chapter 9 Article 11 of the Code would represent no perceivable change in the neighborhood. 4. The Building Commissioner performed an initial review of the property and determined that accessory apartment units have been created in conformance with applicable state building codes. S. The property is served by public sewer adequate to accommodate the existing units on the property. 6. The Applicant has been informed that upon certification of this Comprehensive Permit by the Town Clerk,a Regulatory Agreement and Declaration of Restrictive Covenants, restricting the accessory apartment units in perpetuity as an affordable rental unit shall be executed. Thereafter both the Comprehensive Permit and the Agreement shall be recorded at the Registry of Deeds as binding covenants on the property. The documents limit the apartment to that of an affordable unit rented to a person or family whose income is 80%or less of the Area Median Income (AMi) of the Barnstable Metropolitan Statistical Area (MSA) and cap the monthly rental income(including utilities)to not exceed 30%of the monthly household income of a household earning 80%of the median income,adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the Town of Barnstable shall be deducted from rent level so calculated. 7. According to the Massachusetts Department of Housing and Community Development, Subsidized Housing Inventory, the Town of Barnstable has 7.14% of its year round housing stock qualified as affordable housing units. The town has not reached the 10% statutory minimum affordable housing required in MGL Chapter 40B or met any of the Statutory Minima provided for in 760 CMR 56.03(3). 8. The Town of Barnstable's Comprehensive Plan encourages the adaptive use of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. This application and the location of the unit conform to that objective. Based upon the findings, the Hearing Officer ruled that the application of Jeffrey Lyon/Red Bird LLC is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided certain conditions are imposed. 2 Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No.2019-010—Lyon Decision&Conditions: The Hearing Officer ruled to grant Comprehensive Permit No. 2019-010 to Jeffrey Lyon/Red Bird LLC for 75 Charles Street, Hyannis MA to allow the transfer of ownership of accessory affordable unit No.5 and unit No.6 at 75 Charles Street, Hyannis MA as provided for in Chapter 9,Article It of the Code of the Town of Barnstable and in conformity to the following conditions and restrictions: 1. Occupancy of each affordable unit shall not exceed two(2)persons. 2. The number of bedrooms in each of the Accessory Affordable Apartment units shall be limited to one(1). 3. Family members of the applicants/owners shall not at any time occupy the accessory unit. 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the Accessory Affordable Apartment Program including income information of the tenant and rent and utility payments. 5. All parking for the accessory apartment and the principal dwelling shall be on-site. Overnight on-street parking is expressly prohibited. 6. Accessory lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 7. The applicants shall,after certification of this Comprehensive Permit by the Town Clerk: a. execute a Regulatory Agreement and Declaration of Restrictive Covenants, as approved by the Town Attorney's Office. 8. It is the explicit intent that the unit be occupied by qualified tenant(s) as restricted by this comprehensive permit within one-year of the certification of the permit. The Building Commissioner and/or monitoring agent may extend this time for good cause. 9. To meet affordability requirements, the rent charged (including utilities) shall not exceed 30%of 80%of the median income for the Barnstable MSA, adjusted for family size, as calculated and published annually by the Town of Barnstable. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 10. The applicant shall engage in open and fair marketing of the unit and provide documentation of the activity to the Housing Coordinator/Monitoring Agent. 11. Information regarding the income level of any prospective tenant shall first be submitted to and approved by the Housing Coordinator/Monitoring Agent before any lease is signed. 12. Annually, the applicant shall work with the Housing Coordinator/Monitoring Agent to provide necessary information and documentation of tenant income eligibility and conformance with the Accessory Affordable Apartment Program. 13. The Applicant must register the unit with the Health Department at 200 Main Street, Hyannis. 14. Whenever a vacancy occurs, notice shall be given to the Housing Coordinator/Monitoring Agent before reengaging the tenant selection process previously cited. 15. Annual Income,to determine program eligibility,will be calculated per 24 CPR Part 5. 16. The Housing.Coordinator of the Planning and Development Department shall be the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Comprehensive Permit. The homeowner shall be responsible for the fee for Housing Quality Standards (HQS)inspections. ' 17. Every twelve months the applicant shall review the income eligibility of the tenant of the Accessory Affordable Apartment unit. No later than a year from the date of issuance of this Comprehensive Permit,the 3 Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No.2019-010—Lyon applicant shall file with the Housing Coordinator/Monitoring Agent an annual affidavit stating the rent charged and income of the unit tenant along with all required supporting documentation. The property owners and/or tenant shall provide any additional information deemed necessary to verify the information provided in the affidavit and annual monitoring documents. 18. Upon any report from the Housing Coordinator/Monitoring Agent that the terms and conditions of this permit are not being upheld, the Hearing Officer of the Zoning Board of Appeals may hold a hearing to revoke this permit or cause enforcement action to be taken for compliance. 19. This Decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be recorded at the Barnstable County Registry of Deeds prior to application for a building permit. 20. Should ownership of the subject property transfer,the permit holder identified herein shall notify the Housing Coordinator/Monitoring Agent and provide, within 60 days of the date of transfer, the name and current contact information for the new owner of the subject property. 21. This Comprehensive Permit shall be exercised as conditioned herein or it shall expire. Ordered Comprehensive Permit No. 2019-010 is granted with conditions to Jeffrey Lyon/Red Bird LLC for unit No. 5 and unit No. 6 located at 75 Charles Street, Hyannis MA.This permit is not transferable without prior permission of the Hearing Officer. The zoning relief issued in this Comprehensive Permit is that of a variance to Section 240- 13(A) Principal Permitted Uses in the RB Zoning Districts to permit 2 one-bedroom accessory affordable apartment units within the existing multi-unit structure. A written copy of this decision will be forwarded to the Zoning Board of Appeals as required by the Town of Barnstable Administrative Code Chapter 241, Section 11. If after fourteen (14) days from that transmittal and provided that the members of the Zoning Board of Appeals take no action to reverse the decision, this decision shall be filed with the Town Clerk's Office. It shall then become final only after 20 days has expired and certified by the Town Clerk that no appeal was filed on the decision. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, I ion 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The i t ha the right to appeal this decision as outlined in MGL Chapter 40B,Section 22. 3 13 A x Kdolakis,Hearing Officer Date Signed 1,Ann Quirk, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day o � 02 / under the pains and penalties..of perjury`:. t Ann Quirk,Town Clerk ti BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register 4 Do,_sl r 3z44 E E�t•:l �T =+_; i AHED; COURT REGISTRY REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 13 day of March 2019 by and between Jeffrey Lyon/Red Bird LLC,owner of C7 575 Charles Street;[Iy'anris j and its successors and assigns(hereinafter the"Owner',and the TOWN OF BARNSTABLE(the"Municipality',a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of two accessory apartments in a multi-unit dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Units");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate unit No. 5 and unit No.6 at property located at 75 Charles Street,Hyannis,MA,as further described in a deed recorded herewith as Barnstable County Registry of Deeds Certificate No.215349. B. The Project located at 75 Charles Street,Hyannis,MA will consist of two accessory apartment units which will be rented to an eligible Iow or moderate income individual or family(the'Designa ted Affordable Unit" or the"Unit'. rl C. The Owner agrees to construct the Project in accordance with the terms of Comprehensive Permit No. 2019-010 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Certificate No. 21 L{ 4 '� . II. THE OWNER'S COVENANTS AND RESPONS A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOW: 1 In receiving the comprehensive permit to create the Designated Affordable units,the Owner agreed that the Designated Affordable Units shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80%of the area median income of Barnstable Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Units shall be rented in perpetuity to a household with a maximum income of 80%of the Area Median Income(AMU)of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80%of the median income of B2rnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Units will be retained as a permanent,year round rental dwelling units with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. Tlie Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or would materially adversely affect its financial condition. B. COMPLLkNCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AMM of Barnstable Metropolitan Statistical Area (MSA) and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30)days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. Tlie MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the dudes of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80%or less of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of 2 registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Lane Court(collectively hereinafter the"Registry of Deeds'),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. V. GOVERNING OF AGREEMENT: Tlus Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. `'I. NOTICE All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. Vill. F,NTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in a deed recorded herewith as Barnstable County Registry of Deeds Certificate No. 215349 and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in a deed recorded herewith as Barnstable County Registry of Deeds Certificate No.215349. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1)expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2)notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date 3 certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title,(ii) are not merely personal covenants of the Owner,and(iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XI. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty (30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHERE,OF,we hereunto set our hands and seals this 13 th day of March 2019 OWNER BY: S;gnnture n I Printed Name: 4 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss. On this 13 th day of March , 2019,before me, the undersigned notary public, personally appeared -T VVN proved to me through satisfactory evidence of identification,being(check whirl ever plies)" ( ) or other state or federal government document bearing a photographic image; O oath or affirmation of a.credible witness known to me who knows the above signatory;or N my own personal knowledge of the identity of the signatory,to be the person whose name is signed on the preceding document,and acknowledged to me that s/he signed it voluntarily for its stated purpose as RegulatorZ Agreement ,as his/her frees"•"A 1A act and deed. ANNA SRI(iHAM ati• c Notary F ASLA Cg1110M1MEAlTH Of WSfALiIUSETTS $• b x 7 7 My Commission Expires A �( W August 21. 2020 Notary Public ,�':i -Nual,,i+ ,,J� My Commission Expires: ••C'ou►�e��`*t''�' TOWN OF BARNSTABLE BY: 1 WN AGER COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss. On this day of , ,-L,2019,before me,the undersigned notary public, personally appeared /1 p d, 5L ,proved to me through satisfactory evidence of identification,being (check whichever applies)" ( ) or other state or federal government document bearing a photographic image; ( ) oath or affirmation of a credible witness known to me who knows the above signatory;or (t rmy own personal knowledge of the identity of ride signatory,to be the person whose name is signed on the preceding document,and acknowledged to me that s/he signed it voluntarily for its stated purpose as _ 44,(-ee e 1,as his/her free act and deb ::.s.i 4, 1Y 4 ' Y 9, JOYCE A. PERSUITTE arypublic rier.e /1 e'ef f e TNotary Public COMMOMAULTH OF MASSACHUSETTS My Commission Expires: ;c LL,0.rj .27,.2 ca 3 My Commission Expires January 27, 2023 5 This form intentionally left blank. Applicant has no mortgage. CONSENT AND SUBORDINATION OF MORTGAGE TO REGULATORY AGREEMENT Reference is hereby made to a certain Mortgage dated given by to , recorded with the Registry of Deeds at Book , Page ("Mortgage"), The Undersigned,present holder of said Mortgage, hereby recognizes and consents to the execution and recording of this Agreement and agrees that the aforesaid Mortgage shall be subject and subordinate to the provisions of this Agreement, to the same extent as if said Mortgage had been registered subsequent thereto. The Undersigned further agrees that in the event of any foreclosure or exercise of remedies under said Mortgage it shall comply with the terms and conditions hereof. [NAME OF LENDER] By: Its: (If the Development has more than one mortgagee, add additional consent forms.) COMMONWEALTH OF MASSACHUSETTS COUNTY OF ,ss. s 20_ On this day of 20^, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification,which were to be the person whose name is signed on the preceding document, as of Bank, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: 6 I ' � �J%LP/ �0132/720/ZGItE;LGGG� P `. fate,-q&urse -qo-ston� ffass ac�za& 02133 William Francis Galvin Secretary of the Commonwealth May 14,2019 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by RED BIRD,LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on January 25, 2018. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that said Limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: JEFFREY LYON I further certify,the names of all persons authorized to execute documents filed with this office and listed in the most recent fling are: JEFFREY LYON The names of all persons authorized to act with respect to real property listed in the most recent filing are: JEFFREY LYON _ In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth Processed By:KMT BARNSTABLE REGISTRY OF DEEDS John F. Meade, Re ister , F , � t s r � • _:.'6rX ��• ~�1r1 -r -_ter -- � VAA-,� � will - xr a Ti - m � •rl - .-r,.�.�� �•' � ,��'�• =` r yam+ � �.�..;� ��5�-�`�{ t .,� _ cif. f .�� �.,� .._.,, "` P4 Y�.Y�y� � J".'��'"'�'� ,�mask it zri4� V�� � 'ji • Page of 2 B€a7RKS AB r LAM:) COURT REGISTRY REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 13 day of March ,2019 by and between Jeffrey Lyon/Red Bird LLC,owner of 75 Charles Street,Hyannis MA and its successors and assigns(hereinafter the"Owner'),and the TOWN OF BARNSTABLE(the"Municipality'),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of two accessory apartments in a multi-unit dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Units');and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate unit No. 5 and unit No.6 at property located at 75 Chatles'Street,Hyannis,MA,as further described in a deed recorded herewith as Barnstable County Registry of Deeds Certificate No.215349. B. The Project located at 75 Charles Street,Hyannis,MA.will consist of two accessory apartment units which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit"or the"Unit'. rl C. The Owner agrees to construct the Project in accordance with the terms of Comprehensive Permit No. 2019-010 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Certificate No. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOW: 1 In receiving the comprehensive permit to create the Designated Affordable units,the Owner agreed that the Designated Affordable Units shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80%of the area median income of Barnstable Metropolitan Statistical Area(MSA)and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Units shall be rented in perpetuity to a household with a maximum income of 80%of the Area Median Income(AMI)of Barnstable MSA and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Units will be retained as a permanent,year round rental dwelling units with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. f 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. G. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AMI) of Barnstable Metropolitan Statistical Area (MSA)and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30)days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AMI)of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance . established by the Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of 2 f registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds'),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. V. VF-RNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. . VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. VIII. F,NTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. IB4,Section 26 which shall run with the land described in a deed recorded herewith as Barnstable County Registry of Deeds Certificate No. 215349 and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in a deed recorded herewith as Barnstable County Registry of Deeds Certificate No.215349. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1)expiration of the lease terms .entered into between the Owner and Tenant occupying said unit and 2)notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date 3 certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns n that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in tide,(iii)are not merely personal covenants of the Owner,and(iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XI. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this 13 th day of March 2019 OWNER BY: Signnture Printed Name: 4 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss. On this 13 th day of March ,2019,before me, the undersigned notary public, personally appeared T s ,proved to me through satisfactory evidence of identification,being(check whic ever plies)" ( ) or other state or federal government document bearing a photographic image; ( ) oath or affirmation of a credible witness known to me who knows the above signatory;or N my own personal knowledge of the identity of the signatory,to be the person whose name is signed on the preceding document,and acknowledged to me that s/he signed it voluntarily for its stated purpose as Regulatojy Agreement ,as his/her fr,e A)Aact and deed. = µ••• ANNA SRIOHAM .�a.. c Notary Public OOUNDRRE IUM Of MA811MAEM !! ` Y r. My Commission , ~ August 21. 2M 's Notary Publicov ss)fi�ytJ� My Commission Expires; `���•• r�a�t?,. TOWN OF BARNSTABLE BY: WN AGER COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss. On this a7 day of Atr,.L 2019,before me,the undersigned notary public, personally appeared /j'IF►-<< S. flls ,proved to me through satisfactory evidence of identification,being(check whichever applies)" ( ) or other state or federal government document bearing a photographic image; ( ) oath or affirmation of a credible witness known to me who knows the above signatory;or(� y own personal knowledge of the identity of the signatory,to be the person whose name is signed on the preceding document,and acknowledged to me that s/he signed it voluntarily for its stated purpose as RE atv-IX Alee4ed as his/her free act and de, -1)U.: �A�`1 i • mow•. r �, 9A JOYCE A. PER We aryPublie �(�erce /�• ,.I IA.'f e e Notary Public ;i!'1;,•_,: COMMOMATXTH OF MASSACHUSMS My Commission Expires: 7mL.u ar7 2 7, `a� My Commission Expires January 27, 2023 5 This form intentionally left blank. Applicant has no mortgage. CONSENT AND SUBORDINATION OF MORTGAGE TO REGULATORY AGREEMENT Reference is hereby made to a certain Mortgage dated given by to , recorded with the Registry of Deeds at Book _ Page ("Mortgage"). The Undersigned,present holder of said Mortgage, hereby recognizes and consents to the execution and recording of this Agreement and agrees that the aforesaid Mortgage shall be subject and subordinate to the provisions of this Agreement, to the same extent as if said Mortgage had been registered subsequent thereto. The Undersigned further agrees that in the event of any foreclosure or exercise of remedies under said Mortgage it shall comply with the terms and conditions hereof. [NAME OF LENDER] By: Its: (If the Development has more than one mortgagee, add additional consent forms.) COMMONWEALTH OF MASSACHUSETTS COUNTY OF ,ss. ,20_ On this day of 20� before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification,which were , to be the person whose name is signed on the preceding document, as of Bank,and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: 6 9X& V P1n/7w1zweaAf71 0' a e ',�y `r,,•' f ate��otr�s� -qostm� ff=r iaettl 021,Y3 William Francis Galvin Secretary of the Commonwealth May 14,2019 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by RED BIRD,LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on January 25, 2018. 1 further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that said Limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: JEFFREY LYON I further certify,the names of all persons authorized to execute documents filed with this office and listed in the most recent fling are: JEFFREY LYON The names of all persons authorized to act with respect to real property listed in the most recent filing are: JEFFREY LYON _ In testimony of which, `T I have hereunto affixed the Great Seal of the Commonwealth y on the date first above written. - ; Secretary of the Commonwealth Processed By:KMT BARNSTABLE REGISTRY OF DEEDS John F. Meade,Register Town of Barnstable Building �'"� oTl�t�i�t is�sible-From>the Street�`�A roved Plans:,Must�be,Retamedon Job and}thais CardrMust be�Kept� g�-gin anRNarweit Post Permit M" Po'sted UntiI Final Iris ect�on Has:Been 1Nlade ' ;� v z � � rt W �ficate of Occu anc ;;is Re wired sch Ba�ldm shall Not be Occupied unt�l:aFrnahlnspecf�on has been made r fiere a Ce _ Permit No. B-18-158 Applicant Name: JOHN A MACKENZIE Approvals Date Issued: 01/23/2018 Current Use: Structure Permit Type: Building-Addition/Alteration-Commercial Expiration Date: 07/23/2018 Foundation: Location: 75 CHARLES STREET,HYANNIS Map/Lot 309-256 Zoning District: RB Sheathing: Owner on Record: HOSTETTER,ADAM J&DANIEL C JR TRSr Cont�racto'Name r" JOHN A MACKENZIE Framing: 1 I Address: 770 A MAIN STREET ! Con"tractor`License CS 085363 2 OSTERVILLE, MA 02655 Est Protect Cost: $0.00 Chimney: Description: establish 2 2nd floor egresses 4x4ft landing and stairto ground, Permit Fee: $ 160.00 p g g Insulation: Install 32x80 steel egress doors gj Fee Paid $ 160.00 Project Review Req: LANDING AND STAIRS ONLY. D to 1/23/2018 Final: wx x 4; iy f Plumbing/Gas OfJ L Rough Plumbing: Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six monthssaff issuance. Rough Gas: All work authorized by this permit shall conform to the approved application and�the'approved construction documents':for which this permit has been granted. nn Final Gas: All construction,alterations and changes of use of any building and structures hallbe in compliance with the local zoning by 6' s and codes. This permit shall be displayed in a location clearly visible from access street or road and sha►I be maintained open for p ubIic inspection for the entire duration of the work until the completion of the same. Electrical s z Service: The Certificate of Occupancy will not be issued until all applicable signatures by the Bwldingand Fire Officials are provided on this permit. ln Foundation Footing' 'orFool Inspections Required for All Construction Work: � xq Rough: 2.Sheathing Inspection Final: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Work shall not proceed until the Inspector has approved the various stages of construction. Final: 'Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department. Building plans are to be available on site Final: - All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT ApplicoaNumber............................................................. BANYMAIM JAN 17 2018 Pc=itFee......l. O............... ..C)d=Fee..........I.............. �¢ �•� rOW+�(?F BAANSTi4 ..... 13LE ToilFa Paid..................................................................... TOWN OF BARNSTABLE 23I18 Pew ApMva1 by... .....................on.....1.1.................. BUILDING PERMIT . �- MV........................................Parca...................�.......... ... APPLICATION Section 1 — Owners Information and Project Location Project Address Village C ,290 Owners Names/ /� Owners Legal Addressd city 45�---Ie, statezipo� Owners Cell# 7 E- Section 2—Structural Use ❑ Sin2ib/Two Family Dwelling ❑ Commercial Structure over 35,000 cubic feet erciat Structure under.35,000 cubic feet Section 3—Type of Permit ❑ New Construction ❑ .Move/Relocate ❑ Accessory Structure ❑ Change of use ❑ Demo entire stacttaree) ❑ Finish Basement ❑ Family/Amnesty ❑ Fite Alarm wild ❑ Deck Apartment ❑ Sprinkler System Eg/Addition ❑ Retaining wall ❑ Solar ❑ Renovation ❑ Pool ❑ bsulation Other—Specify Section 4—Detail Cost of Proposed Construction Square Footage of Project �® Age of Structure Dig Safe Number #Of Bedrooms Existing Total#Of Bedrooms (proposed) 110 MPH Wind Zone Compliance Method ❑ MA Checklist ❑ WFCM Checklist ❑ Design Last updated:11n2017 Section 5 -Work Description a { 3 Section 6—Project Specifics ❑ Wiring 0 Oil Tank Storage . ❑ Smoke Detectors ❑ Plumbing [] Gas ❑ Fire Suppression j ❑.Heating System ❑ Mn:)nry Chimney ❑Add/relocate bedroom ----------- Water-Supply ❑_Public_____ --❑_-Private j Sewage Disposal ❑ Municipal ❑ On Site Historic District ❑ Hyannis Historic District ❑ Old Kings Highway 1 Debris Disposal Facility: I an using a crane C Yes ❑ No Section 7—Flood Zone Flood Zone Designation Within or adjacent to a wetland,coastal bank? Yes ❑ No ❑ Section S—Zoning Information Zoning District 46 Proposed Use Lot Area Sq.Ft Total Frontage Percentage of Lot Coverage #of Dwelling Units(on site) j Setbacks Front Yard Required Proposed Rear Yard Required Proposed Side Yard RegWred Proposed Has this property had relief from the Zoning Board in the past? ❑ Yes 0 No Last update&11/72017 1� �NTE� �o00,TRFFr N � � T N 1NR�¢� FgP�APr v Af75 EX/S77NG DKWNG h y C) r G c,Qo�F soo 4 ��N OF Mq�S FT 7d.ja ROSIN 9cy � WILLIAM WILCOX No. 31341 0� ,plc/ RHO obt N0 STE t ,GvAL LAND S ' TO THE BEST OF MY INFORMATION, "PROPOSED PLOT PLAN KNOWLEDGE, AND BELIEF THE BARNSTABLE , MASS . STRUCTURES SHOWN ON' THIS PLAN <HYA1�-Tl�TIs.� . L.C. PL. 15177 F HAS BEEN LOCATED ON THE GROUND DATE 1 /15/18 SCALE 1" = 30' AS INDICATED. " JOB 7979-00 CLIENT HOSTETTER 1 15/18 SWEETSER ENGINEERING / 203 SETUCKET ROAD DATE PROFESSIONAL LAND SURVEYOR PO BOX 713 SOUTH DENNIS, MA 02660 OFF. 508-385-6900 FAX. 508-385-6991 C: I S8 I PROD 1 7979-00 1 dwg 1 7979-CPP.DWG O 2018 SWEETSER ENGINEERING I 77 AAQ7 U ro Z018 C W�oFe Section 9—ConstracG ' or elephone Number 5T OP` Address- JP i�;fkoo- JX/_ City /v.0 State. Zip 6-�6 License Number e5' License Type Wit' Expiration Daie Contractors Email � @ J G_ 6r,/� Cell# �G�- I understand my responsiibilities under the rules and regulations for Licensed Construction Supervisor is accordance with 780 CMR the State Bu Ilding Code. I understand the construction inspection procedures,specific mspections and do re by 780 CMR and the Town of Barnstable.Attach a copy of your license. Si Section 10—Home Improvement Contractor , Telephone Number ��f✓ ' Address,24Y I�t•Alf s7- t' ,Zy State . ` Zip C -Registration lT—fiber - 6� ' Egpon Date /Cf I d my re%mnsuMffl'es under the rules and reguzlations far Home Improvement Contractors in accordance with 780 CMR the Massachusetts State Building Code, I understand the construction inspection procedures,speck inspections and doc=mmIr by 780 CMR and the Town of Barnstable.Attach a copy of your ELLC.- Si Date /I Section 11—Home Owners License Exemption Home Owners Name: Telephone Number Cell or Work Number I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,speck inspections and documentation required by 780 CUR and the Town of Barnstable. Side Date APPLICANT SIGNATURE Si e tDate print �� � Tel e!hone Number �G6—Y.-- E-mail permit to: C �� CERTIFICATE OF LIABILITY 1NSURAIVCEFx ` =IDATE,(NM/DLYYYYY) - �ti � b : r . E 19 11%•17, THIS CERTIFICATE IS ISSUED AS A MATTER OF,INFORMATION ONLY AND CONFERS;NOiRIGHT,SEUPON,THEECERTIFIGATE`HOLDERTHIS CERTIFICATE DOES NOT AFFIRMATIVELY OR,NEGATIVELY�AMEND,`EXTEND;0R ALTER THE,COVERAGE�AFFORDEDFBY;THEjP,OLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEEN THEIISSUING+INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, R:THE CERTIFICATE HOLDE ` n IMPORTANT: H the certificate holder is an ADDITIONAL INSURED,'the`policy(ies)(must be endorsed If SUBROGATION IS WNVED,'sUbj@Ct tO„ ` the terms and conditions ofthe policy;certain policies n,ay require an endorsement. A statement on this certificate does not confer,rights tolthe' certificate holder in lieu of such endorsements). PRODUCER x' United Insurance Agency, Inc. PNDNE,; 199 Main Street 508 759-6595 F X'N '(50e) 7$9-3822 P.O. Box 1013 ADDRESS: _ Buzzards Bay, MA 02532 INsuRE SaAFFORDING COVERAGE. NAIC# — -- -- 'INSUkERA:Atlantic K Casualt INSURED Jahn Mackenzie INSURER B:Tiavele'rs Indemnity INSURERC: +. 248 Camp Street L 1 INSURERD: INSURER E: West Yarmouth, MA 02673 ,.. INSURERF: COVERAGES CERTIFICATE NUMBER:, REVISION;NUMBER , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE PEEN'ISSUED TO THE INSURED NAMED,ABOVE FOR THE:POLICY,PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR'.CONDITION'OF ANY,CONTRACT OR OTHER'DOCUMENT WITH RESPECT TO WHICH'�THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BY.THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE'TERMS; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED E YJEDUCED_BY PAID CLAIMS.INSR '; "' • % : i LTR ADOL SUBR POLICY EFF,. POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER (MMIDD1YYrA fMM1DD1YYYY1LIMITS a A GENERALLIABILITY L117002318 9/23/17 9/23/16 EACH OCCURRENCE $ 1 `000 '000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED , $ ZOO OOO CLAIMS-MADE OCCUR WED EXP,(Any one person) 5 $ 5 '000 PERSONAL&'ADVINJURY $,.1 000:Lo00 _ GENERALAGGREGATE $°�2,'000, ',000 y GENT AGGREGATELIMIT APPLIES PER PRODUCES-�MP/OP'AGGs $ 2 `0.00 `000 H POLICY PRO LOC *r T _, $ ,;, s M.. AUTOMOBILE LIABILITY _ „ aaccidenk $. - - ANYAUTO BODILY"INJURY(Perperson) $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per,accident) $ NONHIREDAUTOS OS_AUT D PROPERTY DAMAGE _ l $ IP eraccident- -_ UMBRELLA LIAB OCCUR EACH OCCURRENCE" : .• $ r EXCESSLAB CLAIMS-MADE AGGREGATE` ." •$ DED .. RETENTION$ $ B WORKERS COMPENSATION 6HUB0632289117 .` 9/24/17 9/24/18 WC STATU OTH- AND EMPLOYERS'LIABILITY YIN X i ANY PROPRIETOR/PARTNERIEXECUTNE OFFICE RIMEMBEREXCLUDED? N/A E.L.EACHACOCENT • $ ' 100.,000 (INardatorylnNH) E.L.DISEASE.-EA EMPLOYE 100-'000 k °° If yyes describe under DERRIPTIONOFOPERATIONSbelow EL,DISEASE!POLICY LIMIT ',$` 500 °000 a DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule;If more s"pace Is required) Carpentry r Workers Compensation policy does not- include coverag"L for John Mackenzie f CERTIFICATE HOLDER CANCELLATION„ ,'• „- r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES°BE,CANCELLED BEFORE s THE,'EXPiRAT,ION`DATE THEREOF,,,NOTICE ,WILL BE DELIVERED 1I141• re ' John Mackenzie ACCORDANCE WITH.THE POLICY PROVISIONS. 248 Camp St i ,..I Ll AUTHORIZED RE PRE SENTATNE. West Yarmouth, MA 02673s Kris Dexter e. ©1988 2010 ACORD CORPORATION fAII rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Phone Fax: E Mail: dijo655@hotma11:com 9, 'y Rucula�tion j . office of Consumer Affairs&Business Re F + ' I y, HOME IMPROVEMENT CONTRACTOR TYP ndividual >Re�islTatvon Expiration ,# 183} 5 10/27/2019 ;. .R N MACKENZ A F. JOHN MACKENZIE 248 CAMP t W.YARMOUTH MA 02673 UnderseCfetary a Massachusetts Department of Public Safety lug Board of Building Regulations and Standards CS-085363 License: a �' ? Construction Supervisor ` JOHN A MACKENZIE F R 248 CAMP ST.L-1 T WEST YARMUTHA' O �0f2673 ' Expiration: 0110312019 /Commissio of t pl, - The Commonwealth;of Massachusetts z F De artment o Industraal Accute ,Office of Investigations 600 Washington Street Boston MA 02111 d r a www.mass.gov1dia Workers' Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers, Applicant Information Please Print Leiibly Name(Business/Organization/Individual): /� _�41 �� � ?'p�� =✓f-y Address: "!� f City/State/Zip:ly" I% hone#: Are y u an employer? heck t e appropriate box Type of project(regnu eip ; 1. I am a employer with 1. 4. El I am a general contractor and I , employees(full and/or part-time).* have hired the sub-contractors 6. 0 New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet.. , V[]Remodeling ub-contractors have ship and have no employees These s, , _ 8.;❑De on working for me in any capacity. employees and have workers' $ 9 Building addition - [No workers'comp.insurance comp.insurance. 10e Electrical re aus or,add ' required.] 5. [] We are a corporation and its 0. �. P additions ,+ officers have exercised their • ` it ry 3.❑ I am a homeowner doing all work "tyl 1 �]Plumbing repairs or additions , myself- [No workers' comp. right"of exemption perMGL. 12.0 Roofiepairs insurance required]t c. 152;§](4),and we have no, r. 4 employees;[No workers',, 13.[]Other comp:insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'`compensation policy iilformafion., :. t Homeowners who submit this affidavit indicating they are doing all work'and then hire outside contractors must submit'a new affidavit indicating such. I: .tConbactors that check this box must attached an additional sheet showing the name of the sub-contractors and state be'ther or not those entities have employees. if the sub-contractors have employees,they must provide. their workers'comp;policy number:"'""' a x r I am an employer that is providing workers'compensation insurance for rrry erriployees.TMBelow is the poluy dnd job site., , : information. — i •` '^ , Insurance Company Name: Policy#or Self-ins.Lie.#: G `l Expiration Date �.� / �f/ Job Site Address: f � �� City/State/Zip f Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date) Failure to secure coverage as required under Section 25A of MGL`c. 152 can lead to the imposition'of criminal penalties fine up to$1,500.00 and/or one-year imprisonment,•as well as civil penalties in the of foim a,STOPflmORKK ORDER and a fine of up to$250.00 a day against the violator: Be advised that a copy of this,statement maybe forwarded to the Office of,. Investigations of the DIA for insurance coverage verification. „ I do hereb, under the pains and penalties of perjury that the information provided above u true and correct R , Si a e: 'Date. Phone Official use only. Do not write in this area,to be completed by city or town official City or Town: i ' Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk,4.Electrical Inspector 5.Plumbing Inspector. 6.Other Contact Person: �t m Phone Section 9—Construction Supervisor Name Telephone Number Address City State Zip License Number License Type Expiration Date Contractors Email Cell# I understand my responsibilities wader the rales and regulations for Licensed Construction Su=avisor in accordance with 780 CMR the Massachusetts State Bui1dmg Code. I understand the construction inspection procedures,specific inspections and docmmentadon requu-ed by 780 CMR and the Town of Barnstable.Attach a copy of your license. Signature Date Section 10—Home Improvement Contractor Name Telephone Number Address City State Zip E*rafion Date I undwsbmd my ORMsiibiilities under the rules and regulatians for I one hgmvement Contractors in a=mbnce with 780 CMR the Massachusetts State Budding Code. I understand the construction inspection procedures,specific inspections and docmmentation requhred by 780 CMR and the Town of Barnstable.Attach a copy of your H_LC.- Side Date Section 11—Home Owners License Exemption Home Owners Name: Telephone Number Cell or Work Number I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Mmchusetts State Building Code. I understand the construction inspection procedures,specific inspections and docmaentatian req&ed by 780 CMR and the Town of Barnstable. Signa#iae Date APPLICANT SIGNATURE ' Signature Date Print Name Telephone Number E-mail permit to: Last updated:1117,2017 Section 12—Department Sign-Offs Health Department ❑ Zoning Board(if required) ❑ Historic District ❑ Site Plan Review(if required) ❑ Fire Department ❑ Conservation ❑ For commercial work,please take yourplans ifirec dy to the,fire deparbnent for approvah Section 13— Owner's Authorization I, A6, 4� - as Owner of the subject property hereby a 0 , l ,� '� to act on my behalf, in all matters relative to work authorized by this building permit application for: (Addre s of job) Signature of er date Print Name i I i Ij i Last updatc&1 L17/2017 1 COMMONWEALTH OF MASSACHUSETTS � �I TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY \ FIVE-YEAR CERTIFICATE /1U Date (X) Fee Required$� • V V ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 110.7,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO 1 BEDROOM 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: Address: Telephone: Name and Telephone Number of Local Manager,if any: Owner of Record of Building: Address: Name of Present Holder of Certificate: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certfied. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE# EXPIRATION DATE: coiappmf The Commonwealth of Massachusetts TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to AD TRUST Certify that I have inspected the premises known as: 75 CHARLES STREET MULTI FAMILY located at 75 CHARLES STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R-2 The means of egress are suff cient for the following number of persons: Location Capacity Location Capacity 6 MULTI-FAMILY UNITS 4 STUDIOS (UNITS 5&6:AMNESTY 2 ONE-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 201402233 5/5/2014 5/5/2019 309 256 X? The building official shall be notified within(10) days of any changes in the above information. Building Ofcial PERMIT PAYMENT RECEIPT TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 DATE: 04/11/14 TIME: 11 :54 -----------------TOTALS------= =------- PERMIT $ PAID 97.00 AMT TENDERED: 97.00 AMT APPLIED: 97.00 CHANGE: .00 APPLICATION NUMBER: 201402233 PAYMENT METH: CHECK PAYMENT REF: 6554 lb a r COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date y��' / (X) Fee Required $ ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code, Section 106.5, I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 75 C i,iA _P71-C g 0- Name of Premises: Purpose for which premises is used: MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL G STUDIO ] BEDROOM 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: If&&LT Address: ?-2 DZi X71-efFr pSTf�V�G�£. 's Telephone: Va. LdFL,y Name and Telephone Number of Local Manager, if any: Owner of Record of Building: /aS Im 0 C- ti Address: Name of Present Holder of Certificate: f f-h Y 3 "e, CD a ti xt SIG ATUR OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PA, £ PLEASE PRIN NAME L 0 INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE tv 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: CERTIFICATE EXPIRATION DATE: coiappmf Cape Save Inc. 7-1) Huntington Avenue South Yarmouth, MA 02664 Tel: 508-398-0398 Fax: 508-398-0399 10/3/18 Brian Florence CBO Town of Barnstable Building Division 200 Main St. OCT 1 Hyannis,MA 02601 TO � 20'�q RE: Insulation Permit 18-2495 Dear Mr. Florence: This affidavit is to certify that all work completed for 75 Charles St,Hyannis has been inspected by a third party Certified Building Performance Institute(BPI) Inspector. All work performed meets or exceeds Federal and State Requirements. Sincerely, William McCluskey Town of Barnstable Building ' "' ' .' °'` ��'; r 'ram '' � 3•�i -°r, '' k. ,s'-. '.PostKThis p CardSo�T at:it{is 1/�sib�leKFrom�the Street,.,A roved:�Plans Must be•,=Retained on•Job:and his Card�Must be Kept • ' � "ss Posted Until:Final inspectionHas Been Made � '• �.,'� �. ..; • Where a;Certificate of Occu anc' s Re u�Ped suchBurld�n shall Notbe Occupied un#it�a Final'Inspect�on has beenmade Permit Permit No. B-18-2495 Applicant Name: William McCluskey Approvals Date Issued: 08/14/2018 Current Use: Structure Permit Type: Building-Insulation-Residential Expiration Date: 02/14/2019 Foundation: Location: 75 CHARLES STREET, HYANNIS Map/Lot 309 256 Zoning District: RB Sheathing: ". Owner on Record: Red Bird LLC. Contractor Name WILLIAM J MCCLUSKEY Framing: 1 Address: PO BOX 611Contractor License CSSL-102776 2 ; .` .. HYANNISPORT, MA 02647 P EstkPeoAect Cost: $5,000.00 Chimney: Description: Add R-49 cellulose to the attic. Dense pack the walls,w R-13 Permit Fee: $85.00 Insulation: cellulose.Add R-19 fiberglass to the basement Air seat the'attic g �Fe'e Paid $85.00 plane and basement with expanding foam General weatherization r . Final: h� � Date 8/14/2018 Project Review Req: i 5 • �, , oft Plumbing/Gas µ Rou gh g Plumbing:h Plumbin : Building Official Final Plumbing: Rough Gas: This permit shall be deemed abandoned and invalid unless the work authorzed by this permit is commenced within sikrfi nths after ssuance. Final Gas: All work authorized by this permit shall conform to the approved application and the'approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures`shall be in compliance with the local zoning§y la sand codes. Electrical This permit shall be displayed in a location clearly visible from access street or road and shall be maintainedtopen fortpublic inspection for the entire duration of the work until the completion of the same. Service: The Certificate of Occupancy will not be issued until all applicable signatures by the B ding and Fire Officials are proyided'on this permit. Rough: &Ak. -fir. , a.,x. .- Minimum of Five Call Inspections Required for All Construction Work: 1.Foundation or Footing Final: 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Low Voltage Rough: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Final: 6.Insulation 7.Final Inspection before Occupancy Health Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Work shall not proceed until the Inspector has approved the various stages of construction. Fire Department "Persons c with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Final: Town of Barnstable Building , . a" "'' i Visib�le'From the�Stree"t=A rouedP ans Must be Re#a,ned"on Job sand thisad.Must be Ke"t Post Permit �. ' b"� t'ostecl UntilFFinal Inspec#ion�Has Been�M,ad�e� � . � 3 �� ,� � ^��� � �. �,R =Where aCertificateof Occu ancy;is Requiretl,such Bu�ld�ng-shall No#;be Occupied;u�n#�l a.Final Inspection,has been made �,,; Permit No. B-18-2172 Applicant Name: Ed Whitaker Approvals Date Issued: 08/01/2018 Current Use: Structure Permit Type: Building-Solar Panel-Residential Expiration Date: 02/01/2019 Foundation: Location: 75 CHARLES STREET, HYANNIS Map/Lot: 309-256 Zoning District: RB Sheathing: 7 Owner on Record: A D REALTY TRUST y Contractor Narne, EDWARD R WHITAKER Framing: 1 �'� � Address: 75 CHARLES ST �ContractorLicensei CS 089852 2 # 3 HYANNIS MA 02601 Est Pr=oje,ct Cost: $28,160.00 Chimney: y: Description: install solar PV array(38 panels, 12.16kW DC system)-on existing �Permlt Fee: $ 193.62 roof structure T Insulation: Fee Paitl $ 193.62 Project Review Req: Date . 8/1/2018 Final: Plumbing/Gas - - Rough Plumbing: S, ..- ��� Building Official Final Plumbing: 1 . r .y Rough Gas: This permit shall be deemed abandoned and invalid unless the work authonzed by this permit is commenced within six months afEer issuance. All work authorized by this permit shall conform to the approved application a cl the",approved construction documents for whicF this permit has been granted. Final Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning&by lawsand codes. This permit shall be displayed in a location clearly visible from access street or r'bad and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. Y Electrical Service: The Certificate of Occupancy will not be issued until all applicable signatures by the Building and fire�Officials are provided on this permit. Minimum of Five Call Inspections Required for All Construction Work. , Ro ugh: h: 1.Foundation or Footing 2.Sheathing Inspection Final: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Final: Work shall not proceed until the Inspector has approved the various stages of construction. "Persons contr ith unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Final: Building plans are to be available on site All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT J I TOWN OF BARNSTABLE INSPECTION WORKSHEET Chose CERTIFICATE NO: 201402233 CANCELLED: Q MAP: 309 DBA: 175 CHARLES STREET MULTI FAMILY PARCEL: 256 NAME/MANAGER: JAD TRUST STREET: 175 CHARLES STREET VILLAGE: JHYANNIS STATE: FVA ZIP: 02601- SEQ NO: 1❑ BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: STORYI: CAPACITY: USE1: R-2 Capacity Under 50: ❑ STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: ❑ BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOC1: 6 MULTI-FAMILY UNITS CAPS: LOC8: CAP2: LOC2: 4 STUDIOS CAP9: LOC9: CAP3: LOC3: (UNITS 5&6:AMNESTY CAP10: LOC10: CAP4: LOC4: 2 ONE-BEDROOM CAP11: LOC11: CAPS: L005: CAP12: LOC12: CAPE: LOC6: CAP13: LOC13: CAP7: LOCI: CAP14: LOC14: INSPECTION: DATE ISSUED: EXPIRATION: r ;+ 05/21 J20091 05/05/2014 05/05/2019 COMMENTS: ADAM J.AND DANIEL C. HOSTETTER r BIKE Regulatory Services Richard V. Scali, Director 3ARNSTABLE, Building Division BARNS LE * * ek.sTis�•�+n�au<•cmar•re:vus_ - MA$S. A wnrec-wus.ot,f�?ue•asranansnz 1639. �� Thomas Perry, CBO 639-2014 Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 April 7, 2014 Mr. Adam Hostetter AD Realty Trust 770 Main Street Osterville,MA 02655 Re: 75 Charlest Street 164 Winter Street Hyannis Multi-family (5-year Certificate) Dear Mr. Hostetter: Attached is an application for a Certificate of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Eighth Edition. Please complete the application and return it to this office with the required fee for the five- year Certificate of Inspection: 6 units - $97.000harles Street 2 (Amnesty) 5 units - $95.00Winter Street 1 (Amnesty) Total$192.00 The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, Thomas Perry Building Commissioner Z • I i oFt Tq,,, Town of Barnstable BARWSI'AB1.E. : Regulatory Services v Mnsg. � 1639• ♦� 1°rEc +°i Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230. MEMORANDUM TO: Cindy Dabkowski FROM: Lois Barry DATE: 4/13/09 RE: AMNESTY CERTIFICATE Here is the Amnesty Certificates of Compliance (original for applicant and copy for your records) for: 75 Charles Street, Hyannis 164 Winter Street, Hyannis J030623a g-�-�.�.._.,ri,..,�,.,_..—.-�.+.--...•..�.,�,'?e�.'ar.�rv+ -..u.i"S` zw'.•'.y,..•r"^'*°6 .� t v 3 P z a" � ��� ,::x '.�r-�'r� xr ,{, a. ,, ..Z 4 "F;C t 9 x a r ✓ �'k * r �tl fig : ` r x, Am nest �J Pro rani g ' Yz 1 f 5 4 ✓ S µ � a I h users. ® able: make aff,®rdab e ® pg ,may, 1 F; a,xJ4 , j ;'pro 'r'3 N: �, a - .y wo- RAW, r c ' `L", • • f om Nance F ._ ; Certcate o C ge p +FQ �^ This certificate indicates acceptable minimum habitable requirements per Massachusetts,State Building Code '$> ' and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Owner Adam J. Hostetter& Daniel C. Hostetter, Jr: Location 75.Charles,Street, Hyannis, MA' Unit Capacity. 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CERTIFICATE NO: 2009019657 CANCELLED: MAP: 309 DBA: 175 CHARLES STREET MULTI FAMILY PARCEL: 256 NAME/MANAGER: JAD TRUST STREET: 175 CHARLES STREET VILLAGE: IHYANNIS STATE: MA ZIP: 02601- SEQ NO: 1❑ BUSINESS TYPE: MULTI-FAMILY CONSTRUCTION TYPE: I STORY1: CAPACITY: USE1: R-2 Capacity Under 50: F STORY2: CAPACITY: USE2: STORY3: CAPACITY: USE3: Outside Seating: BY PLACE OF ASSEMBY OR STRUCTURE CAP1: LOCI: 6 MULTI-FAMILY UNITS CAPS: L005: CAP2: LOC2: 4 STUDIOS CAPE: LOC6: CAP3: LOC3: (UNITS 5&6:AMNESTY CAP7: LOCI: CAP4: LOC4: 2 ONE-BEDROOM CAPS: LOC8: INSPECTION: DATE ISSUED: EXPIRATION: .Print This Scre n �� �., _- . nr 05/05/2014 PrintGertifcate of inspection, COMMENTS: ADAM J.AND DANIEL C. HOSTETTER Town of Barnstable Regulatory Services • sniuvsTns�.e, „AS& Thomas F. Geiler, Director �p 039. ♦0 rEDMn'�" Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 26, 2009 Mr. Adam Hostetter AD Realty Trust 770 Main Street Osterville, MA 02655 Re: 75 Charles Street 164 Winter Street Hyannis Dear Mr. Hostetter: Enclosed are the Certificates of Inspection for the above-referenced properties. Please frame the certificates and display them at each address. Sincerely, Ralph Jones Building Inspector Enclosures The Commonweattb of �a.5.5arbu, zettq TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to AD TRUST 31 Certlfp that I have inspected the premises known as: 75 CHARLES STREET MULTI FAMILY located at 75 CHARLES STREET in the Village o HYANNIS .f County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R-2 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 MULTI-FAMILY UNITS 4 STUDIOS (UNITS 5&6: AMNESTY 2 ONE-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 200901965 5/5/2009 5/5/2014 309 256 The building official shall be notified within (10)days of any changes in the above information. _ Building Official 4 Y PERMIT PAYMENT RECEIPT "f TOWN OF BARNSTABLE BUILDING DEPARTMENT 200 MAIN STREET HYANNIS, MA 02601 DATE: 05/05/09 TIME: 14:13 -----------------TOTALS----------------- PERMIT $ PAID 97.00 AMT TENDERED: 97.00 AMT APPLIED: 97.00 CHANGE: .00 APPLICATION NUMBER: 200901965 PAYMENT METH: CHECK PAYMENT REF: 5636 COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY // FIVE-YEAR CERTIFICATE 7 Date �0�'7`� 0 (X) Fee Required$ ( ) No Fee Required In.accordance with the provisions of the Massachusetts State Building Code, Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: 1!-2- C11w ea-r -f'i-xS-y i Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL G STUDIO l� 1 BEDROOM a 2 BEDROOM 3 BEDROOM OTHER Certificate to be Issued to: )9 , IC�4L ;,/wS' Address: 774 46/ 1�allY S `41Y Orl U l")LL£ e6 SS Telephone: T� Owner of Record of Building: Address: Name of Present Holder of Certificate: Name of Agent,if any: SIGNATURE OF SON TO WHOM CERTIFICATE IS ISSUED ORJUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof-to be certified. 2).Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. FOR OFFICE USE ONLY: / CERTIFICATE# 9 d/ �b S EXPIRATION DATE: Town of Barnstable Regulatory Services v�n � Thomas F. Geiler, Director �'ArE019. Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 April 20, 2009 Adam J. Hostetter Daniel C. Hostetter, Jr. 770A Main Street Osterville, MA 02655 Re: Certificate of Inspection 75 Charles Street, Hyannis 6 Unit Multi-family Dear Property Owners: Attached you will find applications for Certificates of Inspection as required by Section 106.5 of the Massachusetts State Building Code, Seventh Edition. Please complete the applications and return to the Building Commissioner's Office with the required fee (amount as set on the top right-hand corner). The fee has been established by the Massachusetts State Building Code (Table,106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5 of the State Code. Sincerely, T omas Perry. Building Commissioner Enclosure jcoilet Town of Barnstable oFt t Regulatory Services do Thomas F. Geiler, Director Building Division * BARNSTABLE, MASS. ��$ Thomas Perry, CBO, Building Commissioner 'OrFc3.1 ' 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Tom FROM: Lois DATE: 4/9/09 RE: Building/GMD Meeting 4/8/09 05-Eharles=Street;Hyannis We have recorded documents. Tom Perry will not require a building permit or CO for Amnesty transfers. GMD not concerned about Comprehensive Permit issue or recorded date. We will issue a Certificate of Compliance. 108 Greenwood Avenue, Hyannis There is a tenant. Amnesty will extend, will do a minor modification. 65 Greenwood Avenue, Hyannis Owner needs to pull building permit, wiring permit. Does not need extension, can allow if over a year. 829 Osterville-West Barnstable Road, Marstons Mills Amnesty will rescind. 16 Claus Way, Marstons Mills Still hasn't hard-wired smokes, Amnesty will begin recision process. 369 Mitchell's Way, Hyannis Amnesty will rescind, to Robin for enforcement. 438 Craigville Beach Road, Hyannisport Amnesty will rescind. 551 Lumbert Mill Road, Centerville Amnesty will rescind. 600 Phinney's Lane Centerville Rescinded by Amnesty, to Robin for enforcement. 187 Locust Street, Hyannis Rescind, Robin will enforce. 1069 Falmouth Road, Never began process. Robin will ticket. 251 Woodside Road, W. Barnstable Robin will ticket. 193 Fawcett Lane, Hyannis Septic issue, Cindy will check with Health 2187 Main Street, Barnstable Discussion of number of units, Edson: There are 4 units. Amnesty will begin to rescind. c-1-64 W--i-rater Street;Hyanm Amnesty transfer, see 75 Charles Street, issue Certificate of Compliance. 79 Suffolk Avenue, Hyannis Comprehensive Permit has been extended to 4/28/09. Cindy will be in touch with the owner after that date. AMNESTY TRANSFERS If previous owner completed the entire process, Amnesty will issue the Comprehensive Permit with the heading "Transfer of Existing Comprehensive Permit to " (new owner). The condition requiring a building permit will be removed. When we receive the recorded documents, we will issue a Certificate of Compliance to the new owner. RECORDING OF DOCUMENTS Cindy records documents once a month and sends a copy to us. FUTURE MEETINGS Suggestion that we meet every 3 months. Cindy will schedule. QUESTION: COMPREHENSIVE PERMIT ISSUE DATE, DATE RECORDED The Comprehensive Permit states that the Comprehensive Permit must be exercised and the unit occupied with 12 months of its issuance or it shall expire. Tom, Does Amnesty need to extend if there is no building permit within 1 year of issue date? One year of recording date? Other? Or is it on a case by case basis? cc: Robin Linda (gMy File Ed t,i TQ4*1 deip , tatus statics [TNT IN ERROR �• Actual t?4,,�0:�� All Satus code JCLSD-CLOSED APPLICATION StatusMemo rNSFER NO BLDG PERMIT-REQUIRED PER T PERPI Denial reason , Reason-code ` Reason for denial _�Pt'ol6CtfaCtiAty status CQmfT'12i1tS,� Amnesty Apartments Last Name HOSTETTER First Name IA AND D _. 2nd Owner 2nd Owner Last Name _..._ ....., .,_ .. First Name Map Parcel 309258 Property No 164 Property Street WINTER STREET Village I,HYANNIS rnrrN ^State MAmj Zip 02601 Status IComp. Per. Issued Action RequiredIr Assessors Use Group I4--8 Units Comp Per Issue7/26/2007 Recorded Date I Application# Permit Issued: C of C Total 1 Program Total 7, Descripton STUDIO, 1 PERSON,(UNIT 1)(5 UNITS TOTAL) ------------- Cert of Occupancy Issued: Cert of Compliance Issued Notes FORMER AMNESTY APT TO LINDA CLARK,C OF COMP ISSUED 6/24/03. NEW OWNER,HOSTETTER. SEE 75 CHARLES. 1/28/09 LE SPOKE WITH HOSTETTER WHO SAID HE'D BE IN TO PULL PERMIT. 3/19/09 CINDY SENT RECORDED DOCUMENTS,TO BE DISCUSSED AT MEETING 3/31. L Barry, Lois To: Dabkowski, Cindy Subject: 164 Winter Street Cindy, Do you have the recorded documents for this property yet? On September 15 you emailed that you were working on getting a signature. Lois 1 Barry, Lois To: Weil, Ruth Cc: Dabkowski, Cindy Subject: FW: 75 Charles Street and 164 Winter Street Ruth, Tom Perry would like to receive your approval to go forward with a building permit/Amnesty Certificate of Compliance on 75 Charles Street although the Comprehensive Permit was issued in Jul 2007, more than a year ago. Lois -----Original Message----- From: Dabkowski,Cindy Sent: Wednesday,October 08, 2008 10:51 AM To: Barry, Lois Subject: RE: 75 Charles Street and 164 Winter Street Please accept the recorded deed restriction. J. Buntich and R. Weil were informed of the dates of CP and recording. I will get more information form Joanne when she returns from her leave. Cindy Dabkowski -----Original Message----- From: Barry, Lois Sent: Monday,October 06, 2008 10:25 AM To: Dabkowski,Cindy Subject: RE: 75 Charles Street and 164 Winter Street Cindy, I have received the recorded documents for 75 Charles Street, but I see the Comprehensive Permit was issued in July 2007. Item 12 of the Ruling and Conditions states that the Comp. Permit just be exercised ...within 12 months of its issuance... Is there an extension for this property? I see it was recorded.in September 2008. Lois -----Original Message----- From: Dabkowski,Cindy Sent: Monday,September 15, 2008 9:14 AM To: Barry, Lois Subject: RE: 75 Charles Street and 164 Winter Street Hello Lois I have one to record at the Registry. I have a copy of a signature and thus can not record at this time. I am working on getting an original signature and will record and get over to you as soon as possible. Cindy Dabkowski -----Original message----- From: Barry, Lois Sent: Monday, September 08, 2008 2:26 PM To: Dabkowski,Cindy Subject: 75 Charles Street and 164 Winter Street Please give me an update on the status of these properties. Has.Adam Hostetter, the new owner, completed the Amnesty process? Lois 1 Barry, Lois From: Dabkowski, Cindy Sent: Monday, September 15, 2008 9:14 AM To: Barry, Lois Subject: RE: 75 Charles Street and 164 Winter Street Hello Lois I have one to record at the Registry. I have a copy of a signature and thus can not record at this time. I am working on getting an original signature and will record and get over to you as soon as possible. Cindy Dabkowski -----Original Message----- From: Barry, Lois Sent: Monday, September 08, 2008 2:26 PM To: Dabkowski, Cindy Subject: 75 Charles Street and 164 Winter Street Please give me an update on the status of these properties. Has Adam Hostetter, the new owner, completed the Amnesty process? Lois 1 Dcic 1.s 1397 s 726 +�9-12-20 3. I2- 12 BARNSTABLE LAND COURT REGISTRY BAMNS TABLE, - TG BARNFrAHIE, , :,,a� 07 JUL 26 P2 .17 Town of Barnstable . - Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2007-056 Decision- Chapter 40B Comprehensive Permit Applicants: Adam J. Hostetter&Daniel C. Hostetter, Jr. Property Address: 75 Charles Street, Hyannis, MA ' Assessor's Map/Parcel: Map 309,Parcel 256 ('2, Zoning: Residential B Zoning District ,® Applicants: The applicants are Adam J. Hostetter and Daniel C.Hostetter, Jr.,Trustees of the AD Realty Trust,who own the_multi-family property located at 75 Charles Street,Hyannis, MA. They were granted title to the �3 property by deed recorded in the Barnstable Land Court Registry on April 3, 2007 as recorded in 9 document numbered 1,060,314 and certificate of title 182746. Relj.ef Requested: The applicants have applied for a Comprehensive Permit under Chapter 4013.of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the V town of Barnstable,more commonly termed the"Accessory Affordable Apartment Program." �. The zoning relief necessary for this Comprehensive Permit to be issued,is that.of a variance to Section 9- 14 the Code—Amnesty Program to permit two additional apartment units.when only four are legally permitted. The multi-family dwelling is located in a single-family zoning district. The structure and use predates the inception of zoning for Hyannis and is therefore a pre-existing non-conforming use. Locus and Background: 4 The property at issue is a.18-acre lot developed in 1930 with-a 2,22T-s�q. ft. 2-story apartment building. The structure houses four(4) studios and two (2) one-bedroom apartment units. The unpenmitted units are l both studio apartments:The lot is served by public water and sewer, and is located within an Aquifer Protection Overlay-District. ;On August`16,2001, a comprehensive penmit.was issued to the former owners of the property,William H. Clark and Jean F. Clark,Trustees of the W. Clark Trust, for the two unpermitted studio apartments. The property was sold to the AD Realty Trust on April 3, 200.7., Pro cedtrral2Summary: A request to transfer the comprehensive permit issued to the prior owners was duly advertised in the Barnstable Patriot on June 15, 2007 and June 22, 2007, and notices were sent to all abutters in,accordance. with MGL Chapter 4013. On July 11, 2007 Hearing Officer Gail Nightingale presided over the public hearing. The applicants, Adam I Hostetter and Daniel C. Hostetter, Jr., Trustees of the AD Realty Trust were present at the hearing. Madeline Taylor of the Growth Management Department was also present. Ms.Nightingale reviewed the file with the applicants to assure compliance with all of the program requirements.. Findings of Fact on the Comprehensive Permit: At the hearing on July 11;2007 the Hearing Officer made the following findings of fact: 1. The applicants are Adam J. Hostetter and Daniel C. Hostetter, Jr., Trustees of the AD Realty Trust, who own the multi-family .property located at 75 Charles Street in Hyannis. They are requesting a Comprehensive Permit to convert two existing unpermitted studio apartment units,unit#5 and unit#6, within a multi-family building into. accessory affordable apartments. The conversion of the unpermitted units-to accessory affordable units within a multi-family residential dwelling qualifies for the"Accessory Affordable Apartment Program." 2. The aPP licants were granted title to the property by deed recorded in the Barnstable Land Court Registry on April 3, 2007 as recorded in document numbered 1,060,314 and certificate of title 182746. 3. A site approval letter was issued for the property on June 29,2001 by Kevin Shea, in accordance with MGL Chapter 40B and 760 CMR.Notice of the site approval letter was sent to the.Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. 4. The proposed accessory affordable units are Unit#5 and Unit#6. 5. The applicants are aware that the units must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the units for compliance with All applicable building and fire codes. 6. The house is served by public water and town sewer and is in an identified Aquifer Protection Overlay District. 7. On July 3,2007 the applicant signed an Accessory Affordable Apartment Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit,to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the units in perpetuity as affordable rental units. 8. The applicants understand that the affordable units will be rented to a person or family whose 'income is 80%or less of the Area Median Income(AMI) of the Barnstable Metropolitan Statistical Area.(MSA) and further agree that.rent(including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development,'as of July 11, 2007, 6.63% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable.units and the dispersal of these units throughout the town. Finding Summary: Based upon the findings,the Hearing Officer ruled that the applicants have standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. 2 r - Ruling and Conditions: -Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicants,Adam J. Hostetter and Daniel C. Hostetter, Jr. It is issued to allow for two studio accessory affordable apartment units in accordance with the following conditions: 1. Occupancy of the affordable unit,#5 shall not exceed one person. 2. Occupancy of the affordable unit#6 shall not exceed one person 3.These units shall not be occupied by a family member of the owner(s). 4. All parking for the accessory apartments shall be on-site. 5.To meet the requirements of affordability, the.cost of housing (including utilities) shall not exceed 30%of 80%of the median income for a.single individual for the Barnstable MSA. In the event that utilities are separately metered,the utility allowance established.by the town of Barnstable shall be deducted from rent level so calculated. 6. All leases shall have a minimum term of one year. 7.The Growth Management Department shall serve as the monitoring agent for the accessory apartment. . 8.The applicants must apply-for a building permit for the accessory units,whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance,the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 9. The applicants may select their own tenants provided the tenants meet the requirements of the program as cited above and provided that person's income is reviewed and approved-by the Growth Management Department of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The units shall be rented on an open and fair,basis to an income eligible individual or family. Whenever a vacancy occurs,notice must be given to the Growth Management Department and the units must be listed with the Town. 10. Every twelvemonths the applicants shall:review the income eligibility of the individual . occupying the units. No later than a year from the date of issuance of.this Comprehensive Permit,the applicant shall file with the Growth,Management Department of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the units.. The applicant shall provide the town.any additional information it deems necessary to verify the information provided in .the affidavit. Upon any 'report from the town that the terms and.conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 11. This Comprehensive Permit shall not be transferable to any other person or entity without the. prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be:filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the Growth Management Department of the town of Barnstable shall be notified within:60 days of the name and address of the new owner. - 3 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2007-056 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen(14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and"a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if.any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter.40B, Section 22. In accordance with Chapter 241, section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on July 11, 2007. Fourteen(14) days have elapsed since the transmittal to the Board, and no Board Member has takerf action to reverse the decision. d6/ b Gai ightingale, +ring 0 icer Da e-Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County,Massachusetts,li`ere y'cet�fy that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that nu.,-'. _ appeal of the decision has been filed in the office of the Town Clerk. ' Signed and sealed this /� .day of o10p under the.pains and e>>altie{of perjujW Cg Linda Hutchenrider, Town Clerk . BARNSTABLE REGISTRY OF DEED 4 Doc : 1 Y 097 s 727 09-12-2008 12: 12 z BARNSTABLE LAND COURT REGISTRY REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTTVE COVENANTS,is made this 23�d dayof July,2008,byand between Adam J. Hostetter and Daniel C.Hostetter Jr.,Trustees of the AD Realty Trust of 770A Main Street,Osterville,MA and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality"),a political subdivision of the :J Commonwealth; rJ WHEREAS the Owner has been granted a Comprehensive Permit recorded herewith under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of two additional apartment units (for a total of six apartment units) at 75 Charles Street,Hyannis,MA and to allow the creation of one additional apartment unit(for a total of five apartment units) at 164 Winter Street,Hyannis,MA in a multifamily dwelling. Each of said extra units will be rented to a Low or Moderate Income Person/ Family �E (hereinafter"Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other 61) good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree _ as follows: I PROJECT SCOPE AND DESIGN: - A. The terms of this Agreement and Covenant regulate the properties located at 75 Charles Street, Hyannis, MA and 164 Winter Street, Hyannis, MA as further described in deed recorded herewith as Barnstable Land Court Registry document 1,060,314&certificate of title 182746. C� B. As stated above the premises located at 75 Winter Street,Hyannis,MA now consists of a total of six apartment units,two of which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit") and the premises located at 164 Charles Street,Hyannis now consists of a total of five apartment units,one of which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit"). 4— C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2007-056 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable Land Court Registry document &certificate of title II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. z 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is_a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carryon business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants rur ping with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in 2 f connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by suck actions. VIII. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,-xecuted by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall run with the land described above and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described above. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County-Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the propertywhich is the subject matter of this restrictive covenant shall revert to the use . permitted under zoning and the restr_ctive covenant shall be rendered void. 3 Sl.-jC-a,SS0,'.LS �AMT�ASSIGN,5: 'Ae Panifps'wj this Agreemmt imend,declaze,and ccrvewn on be6qlf of -And.au", and as 5 1,P,I--r`a�i r n'g,I-11 s au d.jut lzs as de E,m-d L-i;his R--Slav:5 ry Ag i-c e m e nt,a 1-1 d-he attached CO3--ripce-benWe pef uxut. B. The C;wmler inttri&,declatts,a-c-ld covenams on bebalf of itself and m succeisors and' Tlat dlis Ag 9 p:enuenz;gm6&ie covenams, I reemeftys Arl rcst-4ctiorr'Contained he=in;';h-L be'.U- ,6 are cccveumlt: runnel" -with the land,er!ziu.-6x-a-lvg the.Project for the Tmn of this Agree=nt,=d Aale L-,'j'4jdi=uPO'a t '! Owl'(-?s I e successors in-title, (d):?re lLor rne,--lypero.-iA cc-jvenanLs of the Owner,and (1)sLD. the C Filer,its successors and wm 4ns and in-we to the berif-fit of the Municipd6ty ap-d 'its succf.monj and assil'.".W--for d-.Le te.'m of to Agi-Ftexavrit. XI, DEFAQU: if U-ry default,wwlat,:on or breachi by the Owner of this Agacin-eat is not cwycll to the:26s ac;5va Of-Lbf! Momorirl�-A-serT ld��(3,0) &.34 after notice to the C-1vaer 64-reof.Cher`the Nfcnkw ng Agentrngy sera. notif ic.aion to tfie l4unicifxdit-y chat the Owner Ls in violedorl of dhe zems and conditicals "Dere-"'f. T.le M.'a idpality ulay tx'el-llse"Inyreniedy ava2alble to it.. 'I'Lle Ow-ne.r wl p7aU cos.5 (Lnd cypewesi ioc!Lding legal fees,imcwTect by the Monicrning Agent i1c,enforciulg uhts Agreeir&m and lllle�CYvn-.,cr huebv agrees,that the nug 'Froject to i;ecole -de,&[c-q�to ' -'.r4.LgenL Vl have a 1-lieu G11 e PU)Tneut of slach %nd lMmnitonng Agelu anay perfe-ct such a ben on rl1 Project by.recordling a cerriicat, sett fo-u mc-ananum.of the Costs and expenst.due md' in t-lie Fte?-�Stxy of I)e'ed-5 of th&RP�'Mry if tht DistHr-t Land I ' '1 be kia bu.iT ior.Bai=,table Coun-o, A pwcbz�'er of the projet-'t or�L'uypwdmi thexec-iol ble,for-rhc pg:yrm2-nT ci anyimpaid costs and expeme3 J rx were zhc�S"bjecr of a pe4c-';C 'd llie.n. pior to Ike ptirrJa4sel's acquLs."riol'.or'the a-olect or tiiercof. SME COINSEN71 'nu 0-wner re-Dresear,and wwmc.Ts that it Las obLainT-.d dw.coweat of iull e'-&tmvg morugagees 011' dle,P.:oJec-C tlhl�c�.-cv6onz,�d record" of kqeement uid to dte tc-r=- and cmiditiosus hoseof and.that L sla,ch mnftgn--e5 L-Iiv-e execute(l consen-,to talL, Ageement. ur z ':6 anal L s a Tf�- a day of ESS WiiTi-IRECF, e w hereuuito set o b n seal; .I R OWN", . E BY: ----------- sw- CONSIOMM-T'M OF MASS ACHI TSETTS 5s: the 0-�merki),pyorcd to me.-through';0.'dsf'cr' vi&n.ce' of Xielltlicddoll.-q",-dcl glere zi-,I V s C' to be dae perwil(s.) whose, ' name( g�s) 'is s� utd on rht,,pv-(---,dlr,;; x ttached dccummt and acknowtedged To be Jiat he,/sbc Silmad it lua, Purpose .'vc �xdy for the stated r -s ' Notary Public Printed: My Commission Expires: TOWN OF BARNSTABLE BY: TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this-day ofA 200 before me,the undersigned notary public,personally appeared '.C i V 1--'* *wm ,the Town Manager for the Town of Barnstable;proved to me through satisfactory evidence of identification,which were WI n. ,to be the person whose name is signed on the preceding or attac d document d acknowledged to b hat he/she signed it voluntarily for the stated purposes. . Notary lic �h J Printed: My Commission Expires: 5 l 09/17/2002 15:36 915087906230 /e t PAGE 01 a% </` Town of Barnstable •Ferndt 7 41 Expires 6 momMs ftom Issue date Regulatory Services Fee �� ' S euwse�►sta, � �. KAO' Thomas F.Geller,Director ° Building Division Tom Perry, Building Commissloner 200 Main Street, Hyannis,MA 02601 ' Office: 508-8624038 - Fax. 508-790-6230 EXPRESS PEMT APPLICATION - RESIDENTIAL ONL Not Valid without Red SIC Press Imprint , Map/parcel Number.c30 Property Address C1tr s S sidential Value of Work ,/ 1 r 41 Owner's Name&Address Coptractor's Name�z m � Telephone Numbers Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) Workman's Compensation Insurance 0o Check one: ❑ I am a sole proprietor ❑ I am the Homeowner have Worker's Compensation Insurance Insurance Company NanoeC S PCV— Workmen's Comp.Policy# W� Permit Request(check box) ' e-roof(stripping old shingles) All construction debris will be taken to❑Re-roof(not stripping. Going over existing layers ofr000 [� Re-aide ❑ Replacement Windows, V-Value (maximum.44) ❑ Other(specify) •Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conserveti.on,ctc. Signature S ulations and Standards lugBoard of Building Re ENT CONTRACTOR HOMEIMPROVEM ! istration 103195 Reg , �xpiratin� �1612004 tion 'Pn�ate Corpora JM OF NEW gEDFORD CONC ` ELW ELL PERRY 423 COGGESHALMA p2746 Administrator . . NEW BEDFORD, i BOARD OF BUILDING REGULATIONS j License: CONSTRUCTION SUPERVISOR c Numbert�OS'• 017326 � k1 #0$/28;! 003 Tr.no: 5310 ELWELL H PERRY 423 COGGESHALL§T,..� NEW BEDFOkD, MA 02746 Administrator AG®RL , CERTIFICATE OF LIABILITY INSURANCEoF CN-1 3/2703SR LG DATE(MMI/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Humphrey, Covill & Coleman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 195 Kempton St. P.O. Box 1901 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. New Bedford MA 02741 Phone: 508-9 97-3321 INSURERS AFFORDING COVERAGE INSURED INSURERA: Savers Property & Casualty Ins INSURER B: J.M. of New Bedford Co., Inc. INSURERC: 423 Co gg eshall Street INSURERD: New Bedford MA 02746 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY ATE M EFFECTIVE POLICY EYMMIDDII EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER A EMPLOYERS'LIABILITY W00000655 10/21/02 10/21/03 E.L.EACH ACCIDENT $100000 E.L.DISEASE-EA EMPLOYEE $10 0 0 0 0 E.L.DISEASE-POLICY LIMIT $ 5 0 0 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER N 1 ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -ID—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Town of Barnstable IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 200 Main Street REPRESENIMES. 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,�`1��-�,,--"­_- :_---_-,,.��z�_�'I,­�.,,'_-",­z;i.'.�4.���'�­"',�._._'-­'_--I­,-�'-,_7� -,'�.-­'���'"-�-"._-x",,I.`.-�,,`_-,';� .L_�,, , ,",­",�"�:--'.--'T_. --��;-�-_r--I!�',,.�"-.�'_-Z;'_�N'�� ,.�-_,�._-�_'��_­.��_4,�--'�-- -T-­,.��-:-"_�.:­'",`­I.�'C,"_:�_�,---:I;­T ­.F�,,,-�---','-�_,�-�­ -­7--'�'�-""-__�� %. - - - _ _ '.-: - '� - jy j _ _ - _ - _ -. . .. c _ - _ . - ,� - - III i W� _Certificate of Com 1�1ance �� f p � . .� f ,}dam" _ _ ^f ,: _. �� a =" Thu certificate.indicates acce'table minimum,habuable re; utrements per Massachuseits State;Buildmg bode p - 9 Sri« and;Town of Bar»swble zoning ordinances in accordance wish ttie Amnesty program _ x ' - Location _ 75 Charles Street,.Hyannis, 1VIA Unit Capacity Unit 5:.'Studio t to exceed 1 erson „ t s _ _ it '9 Inspector _ - -�-, ,­��­-�"-b -�I_.1-,�",'',�,r,'-��-�--'_, *'--��_-I_,-___�-_'I",-_--,1 ,­----t-;Z,a­�__­ ,_-_�-:-���: ­-'_j '''_':'-;'�. _:,-�;,"_-_1'��..,'� _-��."_�,_ '-,�-_ -__".___1_tz'- '�--_---.,_ -��.. 1 --L­, '_���-_".­ ­-� �",- -�-�_�- ---I 9_, �� -�-" .- _. I. a7 "�--�--..I�� --�_--­'-�--_����_-'___�'.",.1­ -, # p 5�� g r 1VI%P.,No 309/256 ft 3 r _ - 3 //(/('J��Ar i( S - 4 W ONO tk We- Val Aw fills off 10 SITE - E f _ ,vest f'r ra.IN All TW 9 l .ice o_ e or u.�lz � av�xsivL ossti�le. �fe t . ATA p 9 ays Igo n: All - _ _ - - - Tom ANIS �r let { aval: 'Wn W,.,� A-5 _ __ _ o_ 770 wit yy A­ iF _ - • • - - • f� � - Certificate of Dorn► lance -- F p _ 451 YJ �Q .. - This certificate indicates acceptable minimum-h_abttabte requirements per,Massachusetts State"Jag`CAPO AWN ode nd Town of 13amstable zoom ordinances_in'accordance with the Amnesty progrnm g a g y inAWY is-1 MAIM: Location 75.,Charles Street, Hyannis,;MA - Unit Capacity Unit 6 Studios not to exceed3l person 4 Tom 5 . Inspector = Out I r'JE r Atoll Sax M/P No 309/256 v toy NNE/( 3 w = ; a The eommonwealtb of Alao.5acbmatto TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 106.5, this CERTIFICATE OF INSPECTION is issued to W. CLARK TRUST 31 ( ertifp that I have inspected the premises known as: 75 CHARLES STREET MULTI FAMILY located at 75 CHARLES STREET in the Village of HYANNIS County of Barnstable Commonwealth of Massachusetts. Construction Type: Use Group(s): R-2 The means of egress are sufficient for the following number of persons: Location Capacity Location Capacity 6 MULTI-FAMILY UNITS 4 STUDIOS (UNITS 5&6:AMNESTY 2 ONE-BEDROOM Certificate Number: Date Certificate Issued: Date Certificate Expired: Map Parcel 70565 8/4/2003 8/4/2008 309 256 The building official shall be notified within(10)days of any changes in the above information. Building Official 07/20/2003 22:27 915087906230 FADE 03 COMMONWEALTH OF MASSACHUSIETTS TOWN OF BARNS'TABLE APPLICATION FOR CERTIFICATE OF INSPECTION 1 -bate _ (X) Fee Required S 9 L La ( } No Pee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,1 hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: -7.-� CR A � , 01 1�__ Name of Premises: Purpose for which premises is used: License(s)or Permit(s)required for the premises by other governmental agencies: Licanse air Permit Asncv lagy AMo PLOIsGAM Certificate to Address: 'Owner.of Record of Building: :Address: y� Name of Present Holder of Certificate: Namc of Agent;if any: 01 S&PK7PM'OF4ERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PIUNT NAME INSTRUCTIONS: l)Make check payable to: TOWN OF BARNSTABLE 2)Return.this application with your check to: BUILDINO COMIUSSIONER,200 MAIN STREJET,HXANNIS,MA 02601 2)Application farm with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2)Application and fx rnnst be received before-the certificate will`be-issued. 3)The building off da!'sWl be noUlled witbin tea(10)days of any change in the above information, F CERTIFICATE#e a Jrb EXPIRATION I3ATIr --��� roiot fss r i COMMONWEALTH OF MASSACHUSETTS TOWN OF BARNSTABLE APPLICATION FOR CERTIFICATE OF INSPECTION MULTI-FAMILY FIVE-YEAR CERTIFICATE Date (X) Fee Required$ ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code,Section 106.5,I hereby apply for a Certificate of Inspection for the below-named premises located at the following address: Street and Number: -7 c5—�� -zLz Name of Premises: Purpose for which premises is used:MULTI-FAMILY RESIDENTIAL TYPE OF UNITS NUMBER OF UNITS TOTAL STUDIO 1 BEDROOM _ 2 BEDROOM 7 3 BEDROOM OTHER Certificate to be_Issued to: Address: Telephone: Owner of Record of Building: Address: Name of Present Holder of Certificate: Name of Agent,if any: SIGNATURE OF PERSON TO WHOM CERTIFICATE IS ISSUED OR AUTHORIZED AGENT PLEASE PRINT NAME INSTRUCTIONS: 1)Make check payable to: TOWN OF BARNSTABLE 2)Return this application with your check to: BUILDING COMMISSIONER, 200 MAIN STREET,HYANNIS,MA 02601 PLEASE NOTE: 1)Application form with accompanying fee must be submitted for each building or structure or part thereof to be certified. 2) Application and fee must be received before the certificate will be issued. 3)The building official shall be notified within ten(10)days of any change in the above information. CERTIFICATE# EXPIRATION DATE: coiappmf. °MWE 1� Town of Barnstable Regulatory Services • snaxsrABM • MAn g Thomas F. Geiler,Director �p�ED.19. � Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 25, 2003 Ms.Linda Clark 33 North Main Street Falmough, MA 02540 Re: Certificate of Inspection 75 Charles Street,Hyannis 309 256 Dear Ms. Clark: Attached you will find an application for a Certificate of Inspection as required by Se _. ction. 06:5-of the Massachusetts State::Building.Code, Sixth Edition r;c r..::_ r Please complete the application and return to the Building Commissioner's Office with the required,fee. _ - F .6 Units - $97.00 five- ear certificate) - The fee has been established by the Massachusetts State Building Code (Table 106), and amended by the Barnstable Town Council effective 8/6/01, and must be paid before the Certificate of Inspection/Capacity Card may be issued. A copy of said Certificate shall be kept posted as specified in Section 120.5.2 of the State Code. - Sincerely, Tom Perry Building Commissioner Enclosure J030625b t .- HE The Town of Barnstable BAR E.ASS. �' Department of Health Safety and Environmental Services 9 MASS. �A 039. �0 fEDMA+�� Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Location 7 Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: �^ CR k) T --f- 1, Please call: 508-862-4038 for re-in ection. Inspected by Date The Town of Barnstable �11HE rq Office of Community and Economic Development 230 South Street y iaRARBIA SS. Hyannis, MA 02601 Office: 508-8624678 mrector Fax: 508-790-6288 ACCESSORY AFFORDABLE HOUSING PROGRAM w HOU�S�I�NG INSPE �'TION, P,RU�VAI,�;NUTICE TO: Tom Perry,Building Commissioner FROM Robert Shea,BHA Housing Inspector DATE: C//-XC 0" RE: Inspection at: CAA L(c;� 3T, t4�1 A,fit,c,) u k) tT S �4- Dear Tom I have conducted a State Housing Inspection of a single-family/multi-familydwellin owned by: Liwaw located at: Oo, a n Single-Family ulti-Fa y:Units 0.5-1+� Unit Capacity. 1 # Bedrooms: Sfva k o Unit Capacity. l # Bedrooms: S Fuel L � Unit Capacity: # Bedrooms: Unit Capacity: # Bedrooms: It was found to be in compliance with the State Sanitary Code. Would you please arrange to have the Building Department do it's final inspection of the property in order to grant the Certificate of Compliance for the unit(s). Sincerely, Robert Shea PAS 6`�/�(j� Date: cc: Kevin J. Shea,Director Signature: nb1--- Office of Community&Economic Development Lois Barry,Building Department Q:CommDev/PT/Monitor/Apprv1.doc °`IRE'°`�a BARNSTABLE LPND COURT REGISTRY aARNSTAaM* Town of Barnstable - Zoning Board of Appeals Comprehensive om ive Permit Decision and Notice � p Clark - Appeal2001-64 ` -- - _—-- -7- Applicant: William I-rGark aril Jean F'C11rk;Trustees of the W.�Clark Tnut o Property Address: C75 Charles Street,Hyannis, Assessor's Map/-Parcel: Map 309 Parcel 256 Zoning: Residential B District Applicant: The applicant is William H Clark and Jean F. Clark,Trustees of the W. Clark Trusi,with an address of Harbor Ridge Road,N.Falmouth,MA 02556. William H. Clark and Jean F. Clark,Trustees of the W. Clark Trust is the entity to which this Comprehensive Permit is issued for the conversion of two existing un-permitted apartment units (Units No. 5 &6)within a multi-family dwelling to affordable rental units in accordance with all conditions of this permit. Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B — "Affordable Housing" and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article 65,Pre-existing&Unpermitted Dwellings,more commonlytermed the "Accessory Affordable Housing Program" r The zoning relief necessary for this Comprehensive Permit to be issued would be that of a special permit under C Section 4-4.5(2) Expansion of a Non-Conforming Use to permit 2 additional apartment units when onlyfour are �p permitted. r The present use of the premises is a 4-unit multi-family dwelling and the applicant is seeking to permit two (2) J additional units. The multi-family dwelling is located in as ingle-family zoning district. The structure and use predates the inception of zoning for Hyannis and is therefore a pre-existing non-conforming use. Locus: 3 I The property is a 0.18-acre lot developed with a 3,200 sq.ft.2-story apartment buildinge_— e structure houses 4 , V studios and 2 one-bedroom apartment units. The structure dates back to 1930. The subject propertywas before. _ the Zoning Board of Appeals in 1999 with an appeal of the decision of the Building Commissioner(Appeal 1999-39). !— The Building Commissioner cited the property on December 1998 as in violation of zoning. The Building Division records showed it as a four-family apartment unit. The two additional apartment units located in the building were cited as not being permitted. On September 15, 1999 the Zoning Board of Appeals found to up- hold the Building Commissioner's decision. The Board's decision was subsequently appealed to the Barnstable Superior Court (Docket No. 99-604). On April 26,2001, an order of remand was agreed upon by the parties and the issue was remanded back to the Zoning Board of Appeals for consideration under the local Chapter 40B program pursuant to the Town's General Ordinances,Article LXV for a Comprehensive Permit for pre-existing and unpermitted dwellings. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on July 11; 2001, at which time the Comprehensive Permit was granted with conditions. A TRUE COPY ATl EST Town Cierl< BAF3l`jSTABLE The Hearing Officer, Gail Nightingale presided over the pubic hearing. The applicant was represented by-------- ---were present at the hearing. Also present%vere Paulette Theresa-lvfcAuliffe, Program Coordinator, Office of Community and Economic Development and Art Traczyk, Principal Planner, Planning Division. Findings as to Standing: _ At the July 11th. hearing, the Hearing Officer made the following findings of fact as related to the applicants standing on the request for a Comprehensive Permit in accordance with MGL Chapter 40B. 1. The applicant has submitted the copy of a Transfer Certificate of Title Nb. 75628 dated September 22, 1978, that transferred the property into the names of NN"Lam H Clark and Jean F. Clark,Trustees of the W. Clark Trust 2. A site approval letter-, dated,June 29, 2001 signed by Kevin Shea, Director, Office of Community and Economic Development (as authorized by John C. Klimm, Town Manager to oversee the site approval process). The letter to Wiilliam H dark and Jean F. Clark, Trustees of the W. Clark Trust cited that the application was reviewed and found to meet the threshold criteria established for the Accessory Affordable Housing Program. It cites the subsidizing agent as the Town of Barnstable, Office of Community and Economic Development. The qualifying program is the Community Development Block Grant Program (CDBG). The letter authorizes the applicant to proceed to seek a Comprehensive Permit. Based upon the findings, the Hearing Officer ruled that the applicant has standing for an affordable housing Comprehensive Permit under I\fGL Ch. 40B and the Town of Bamstable's program for Pre-Existing Dwelling Units in Existing Structures,Article 65 of the General Ordinances. Findings of Fact on the Comprehensive Permit: At the hearing of July 11th, the Hearing Officer made the following findings of fact: 1. The applicant is,Wilham I L Clark and Jean F. Clark,Trustees of the W. Clark Trust,requesting a Comprehensive Permit for converting two existing un-permitted studio apartment units - Unit No. 5 & 6-within a multi-family dwelling to affordable rental units in accordance with all conditions of this permit. 2. The Building Commissioner cited the apartments units in 1998 as being unpermitted. That decision was appeal to the Zoning Board of Appeals that upheld the Commissioner's Decision. Subsequentlythe applicant appealed the Board's decision to Superior Court and in April of this year it was remanded back for a Comprehensive Permit hearing in accordance with the local Accessory Affordable Housing Program.The units, having been documented to exist prior to the January 01,2001 and qualify for the Accessory Affordable Housing Program. 3. The applicant has completed the Application Form;and Town staff, inclusive of an inspection of the units by the Barnstable Housing Authority on April 17,2001 has reviewed it. That inspection found that the apartment units needed work items related to repair and replacement of windows and screens, replacement of the gas stove nIth an electric stove and painting. Unit No. 6 needed electric cover plates. ,Both of the:.units need to-be evaluated.by the Building Commissioner for a determination as,to— the.adequacy of ingress and egress_to the units. The applicant understands that the unit must meet all applicable state buildu1g codes and fire codes to allow for an occupancy permit to be issued. 4. The building is connected to the public Rater and to the Town's Wastewater Treatment Facility and there is no concern for on-site septic or Title V requirements. 5. . On June 06,2001,the applicant signed an Accessory Affordable Housing Program Affidavit that commits,to the recording at the Barnstable Registry of Deeds a Regulatory Agreement and Declaration of Restrictive Covenants. That document restricts the units in perpetuity as affordable rental units. 2 l� 6. The applicant understands that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AlvII) of B ams table-Yarmouth Metropolitan Statistical Area (MSA) and further.a agrees that rent includin utilities shall not exceed the rents established bythe g ( g ) y Department of Housing and Urban Development (HUD) for a household whose income is 80% or less of the median income of Bamst able-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered,the utility allowance established by the Barnstable Housing Authorityshall be deducted from HUD's rent level. 7. The Barnstable Housing Authority has committed to the monitoring of this affordable rental unit.The maximum allowable rent for a studio apartment in today>s dollars is $722.00 including utilities.The tenant's annual income cannot exceed $29,250. The project is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling& Conditions: Based upon the findings a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B with the following conditions: 1. This Comprehensive Permit is issued to William H Clark and Jean F. Clark,Trustees of the W. Clark Trust for 75 Charles Street,Hyunlis,MA. It is issued to allow for two existing studio apartment,Units 5 and 6 to -be affordable rental-housing units. 2. Occupancy of the affordable units shall comply�vith the applicable building code of the Town. To the extent permissible by law, the Property owner shall preferably select tenants who are residents of the Town of Barnstable. 3. To meet the requirements of affordability,the cost of housing (including utilities) shall not exceed 30% of the 80% of the median income for a single individual or two people as the case maybe for the Barnstable- Yarmouth MSA. Rents and utilities for the affordable unit shall not exceed limits set bythe US Department of Housing and Urban Development (HUD). Those limits can be secured from the Barnstable Housing Authority or from the agent of the town implementing this program. Today it is the Housing Coordinator. 4. As cited in the home inspection report, all noted improvements cited in the inspection report of April 17 2001 shall be made. The units ingress and egress, as well as the units, shall be inspected and approved by the Building Commissioner and the Hyannis Fire Department to assure the units meet all applicable building and fire codes. 5. The applicant may select his own tenant provided the tenant meets the requirements of the program as cited in Condition 3 and provided that the individual's income is reviewed and approved bythe Barnstable Housing Authority as a qualified individual. The applicant will be required to work with the Housing Authority to provide information necessary to document that the tenant(s) qualify. The unit shall be rented on an open and fair basis. Vlhen a vacancy occurs,the unit must be listed as available with the Barnstable Housing Authority and Housing Assistance Corporation. The applicant must notify the monitoring agent of a vacancy whenever it occurs. 6. Every twelve months the applicant shall review the income eligibility of those individuals occupying the units. No later than July 30th of each )ear, the applicant shall file witli the Barnstable Housing Authority a yearly affidavit listing the rent charged and income level of the occupants of the units. The applicant shall provide the Barnstable Housing Authorityany additional information it deems necessaryto verifythe 3 information provided in the affidavit. Upon any report from the Barnstable Housing Autlioritythat the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or Hearing Officer shall have the abilityto hold a hearing to show cause as to whythis permit should not be revoked. 17ie Authority may charge a fee for the yearly review and monitoring service not to exceed what is normally charged. If the propern- owner is charged a fee, the decision to do so must first be approved by the Zoning Board of Appeals or the I Tearing Officer. 7. This Comprehensive Permit shall not be transferable to an}'other person or entity without the prior permission of the Hearing Officer of Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the Barnstable Housing Authority shall be notified within 60 days the name and address of the new owner. S. Tlis Compre liens We Permit mist be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit '_001-64 has been granted with conditions. ' lus decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized must be exercised in one year. Appeals of this decision, if an}', shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17, Within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk The applicant has the right to appeal this decision as outlined in MGL Chapter.40B,Section 22. I)1 Nightingale searing Officer Date Signed nda I-Ih,tchell der, Clerk of the Town of Barnstable,Barnstable County,Massachusetts; herebycertifythat twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that iio appeal of the decision has been filed in/the office of the Town Clerk Signed and sealed this. l day of ? �Dv 7 under the ains and penalties of perjury. e �_ Linda Hutchenrider,Town Clerk 4 how / s w _ a ara � e ` Mapes 300 ; Parcel 2561 � N of l low LOCATION 75 CHARLES STREET HYANNISAl ,FIRSTNA�ME WILLIAM H&JEAN F IASTNA EB CLARK r NSt@@KAI MAIL�AD R� HARBOR RIDGE RD "' r� CITY/1OWN N FALMOUTH STATE MA `ZIP 02556 APARTMENTS 4 8 UNITSMCI RAN £ y� STREET NUMBER 75 . MAIIADDR2 CHARLES STREET £ . / UNITS WNW $9700 z NOTES AMNESTY APPR.8/01/01 6 UNITS . WMWN Who 10, 3 J e Town of Barnstable Regulatory Services ' snnrrs�sa ie Thomas F.Geiler,Director $' Eo;pr��� Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM_ DATE: TO: File REGARDING: COI Multi-Family Use Re: 7 -s Certificate of Inspection is not required for this property--does not consist of 3 or more units within a single structure. Notes: oFTME Zoning Board of Appeals Town of Barnstable - Planning Department �uvsrABM : 230 South Street, Hyannis, MA 02601 9 ,' AW 639. `0�' (508) 862-4685 Fax(508)790-6288 February 02, 1999 Ralph Crossen, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Reference: Appeals of the Building Commissioner-William H. &Joan F. Clark-were informed that the properties at 75 Charles St., Hyannis(Map 309, Parcel 256)and 164 Winter St., . :Hyannis (Map 309, Parcel 258)are not allowed more than four residential units each and are, therefore, in violation of zoning. Dear Mr. Crossen, The above referenced appeals, filed under MGL, Section 8, were received at the Town Clerks Office and at the Zoning Board of Appeals Office on January 19, 1999. In accordance with Chapter 40A, Section 15, the Building Commissioner"shall forthwith transmit to the board of appeals all documents and papers constituting the record of the case in which the appeal[under Section 8]is taken." Please deliver said records to the Zoning Board of Appeals Office. Thank you in advance for your cooperation in this matter. The records will be returned to your office upon the Board rendering its decision. Th k you, Emmett Glynn, Chairmph cc: Thomas F.Geiler,Director,H.S.E.S. Robert Smith,Town Attorney Zoning Board of Appeals File E COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT q / DOCKET NO. WILLIAM H. CLARK and ) JEAN F. CLARK, TRUSTEES of the ) W. CLARK TRUST ) Plaintiffs ) VS. ) GAIL NIGHTINGALE, TOM DeRIEMER, ) EMMETT GLYNN, RON JANSSON ) and GENE BURMAN AS THEY ARE ) MEMBERS OF THE BARNSTABLE ) ZONING BOARD OF APPEALS, and ) RALPH CROSSEN, as BUILDING ) COMMISSIONER ) Defendants ) AFFIDAVIT OF NOTICE OF SERVICE PURSUANT TO MASSACHUSETTS GENERAL LAWS CHAPTER 4OA SECTION 17 Now comes Jeffery Johnson, Esquire, attorney for the Plaintiffs in the above captioned matter, and pursuant to the requirements of Chapter 40A, Section 17, makes the following statement of his own personal knowledge and under the pains and penalties of perjury: 1. That the Complaint in the above captioned matter was filed with the Barnstable Superior Court on the 14th day of October, 1999. 2. That Notice of the filing of said Complaint, along with a copy of the Complaint, was duly filed with the Barnstable Town Clerk on October 14, 1999. 3. That on October 14, 1999 a copy of the Complaint was sent Certified Mail, Return Receipt Requested, to each of the members of the Barnstable Board of Appeals and to the Building Commissioner as named in said Complaint. Signed under the pains and penalties of perjury this 14th day of October, 1999. 45�5OtFalmouthtRoad, f Joh on, Attorney ohe ainiffs Suite 4C Centerville, MA 03632 (508) 790-5776 BBO #252510 Date: October 14, 1999 I COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT DOCKET NO. WILLIAM H. CLARK and ) JEAN F. CLARK, TRUSTEES of the ) W. CLARK TRUST ) Plaintiffs ) VS. ) GAIL NIGHTINGALE, TOM DeRIEMER, ) EMMETT GLYNN, RON JANSSON ) and GENE BURMAN AS THEY ARE ) MEMBERS OF THE BARNSTABLE ) ZONING BOARD OF APPEALS, and ) RALPH CROSSEN, as BUILDING ) COMMISSIONER ) Defendants ) NOTICE PURSUANT TO CHAPTER 40A SECTION 17 Notice is hereby given to the Town Clerk of the Town of Barnstable that Plaintiffs have caused to be filed on October 14, 1999 a Complaint in the Barnstable Superior Court in the nature of an appeal under Chapter 40A, Section 17 of the decisions of the Barnstable Zoning Board of Appeals dated September 24, 1999 (Zoning Board of Appeals Case Nos. 1999-39 and 1999-40) , a copy of which Complaint is attached hereto. Signed under the pains and penalties of perjury this 14th day of October, 1999. -------------------- J fe , Attorney or a ai iffs 0 Falmouth Road, Suite 4C Centerville, MA 03632 (508) 790-5776 BBO #252510 Date: October 14, 1999 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT DOCKET NO. WILLIAM H. CLARK and ) JEAN F, CLARK, TRUSTEES of the ) W. CLARK TRUST ) Plaintiffs ) COMPLAINT PURSUANT TO VS. ) MASSACHUSETT GENERAL LAWS CHAPTER 40A SECTION 17 GAIL NIGHTINGALE, TOM DeRIEMER, ) EMMETT GLYNN, RON JANSSON ) and GENE BURMAN AS THEY ARE ) MEMBERS OF THE BARNSTABLE } ZONING BOARD OF APPEALS, and ) RALPH CROSSEN, as BUILDING } COMMISSIONER ) Defendants ) PARTIES 1 . The Plaintiffs, William H. Clark and Jean F. Clark, are Trustees (hereinafter Plaintiffs) of the "W. Clark Trust" under a declaration of trust dated July 1, 1978 being duly filed with the Land Court as Document No. 241,611, said Trust having an address of 33 North Main Street, Falmouth, Barnstable County, Massachusetts 02540. The Plaintiffs, as Trustees, own the properties located at 75 Charles Street, Hyannis, and 164 Winter Street, Hyannis, Massachusetts. The Certificate of Title evidencing the Plaintiffs' ownership of these properties is registered with the Barnstable County Registry of Deeds Land Court as Certificate of Title No. 75628 which Certificate issued on September 22, 1978. Prior to 1978 the Clarks, as individuals, owned both premises pursuant to Land Court Certificate of Title No. 42269 which was issued on March 18, 1968. A copy of the present Certificate of Title #75628 is attached to this complaint as Exhibit A. 2. The Defendants are the Building Commissioner and members of the Zoning Board of Appeals of the Town of Barnstable with business offices at the Barnstable Town Hall buildings, at 230 ' 1 South Street, and 367 Main Street, Hyannis, Massachusetts. The following Defendants are individuals who at all material times were the Building Commissioner and the individual members of the Zoning Board of Appeals who heard and decided the application of Plaintiffs appealing a decision of the Building Commissioner: a. . Gail Nightingale, member of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601. b. Tom DeRiemer, a member of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601; C. Emmett Glynn, Chairman of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601; d. Ron Jansson, a member of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601; e. Gene Burman, a member of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601; and f. Ralph Crossen, as he is the Building Commissioner of the Town of Barnstable, having a business address of, c/o Building Inspector' s Office, Town Hall, 367 Main Street, Hyannis, Massachusetts, i. 02601. JURISDICTION 3. This action is a Zoning Appeal pursuant to Massachusetts General Laws Chapter 40A, Section 17 . FACTS 4 . On or about January 19, 1999 the Plaintiffs submitted two appeals of the Building Commissioner' s determination of an alledged "Zoning" violation to the Defendant Zoning Board of Appeals. One appeal was for the property located at 164 Winter Street, Hyannis being Appeal No. 1999-39, concerning Assessors Map 309, Parcel 256. The second appeal was for the property at 75 Charles Street, Hyannis, Massachusetts which bore Appeal No. 1999-40, and concerns the parcel shown on Assessors Map 309 as Parcel 258. 5. Both properties are presently located in an RB Residential B Zoning District which would only allow single family homes if the premises were constructed today. 6. The Town of Barnstable Zoning Ordinance and Massachusetts General Laws allow a "pre-existing non-conforming" use to continue in existence. 7 . The Defendants, members of the Zoning Board of Appeals, scheduled public hearings on the applications/appeals for March 24, 1999. The hearings were opened and were conducted and were then continued to May 5, 1999, and then again to June 30, 1999, and finally to September 15, 1999. 8. At the various public hearings, the Plaintiffs presented the appeal and sought a determination that the use of the premises as 5 and 6 apartments were "pre-existing non- conforming" in nature and therefore sought permission to allow the continued use of the properties as Plaintiffs had been operating them since their acquisition in 1968. The Plaintiffs presented evidence establishing that the premises had been used as five (5) and six (6) family apartment buildings since their 1968 acquisition. The Plaintiffs presented numerous affidavits to the Zoning Board of Appeals and evidence from their closing of the rent rolls (Exhibit B) as of 1968. 9. The Plaintiffs submitted as part of their evidence an affidavit from the original builders daughter, Helen M. Nissley (Exhibit C) . This affidavit was the only evidence, submitted by anyone who had an actual personal knowledge of the interior configuration of the premises at the time of the construction ( 1948) \operative date of zoning 1951. 10. The Building Commissioners office has admitted that the accuracy and trustworthiness of the Town' s own Assessor' s records are suspect at best, but nevertheless the office relied heavily upon those records in making its determination. 11. The Plaintiffs presented, in essence, the only evidence from personal knowledge, as to the original construction of the premises and the interior construction of the separate units prior to the effective date of zoning in the area (circa 1951) 12. On or about September 15, 1999 the Defendant Zoning Board of Appeals, after making "findings of fact" , voted unanimously to uphold the Building Commissioner' s decision that a violation existed. 13. On or about September 24, 1999 the written Decisions of the Defendant Zoning Board of Appeals denying the Plaintiffs' request to overturn the Building Commissioner were filed with the Office of the Town Clerk. Attested copies of those k decisions are attached as Exhibits D and E. COUNT 1 14 . The Plaintiffs restate and reallege all of the allegations set forth in Paragraphs 1 through 13 of the Complaint, inclusive as if fully set forth herein. 15. The Plaintiffs are aggrieved by the Decision of the Defendant Zoning Board of Appeals and the earlier decision of the Building Commissioner, and are therefore persons aggrieved within the meaning of Massachusetts General Laws Chapter 40A, Section 14 . 16. The determination of the Building Commissioner and the Decisions of the Board of Appeals exceed their authority as follows: a. The determination and Decisions are based on legally untenable grounds and are otherwise arbitrary and capricious. b. The Decisions are defective on their face, in that the evidence presented at the public hearing establish that the Plaintiffs' and their predecessors in title have used the premises as five (5) and six (6) apartments since on or before 1951. C. The Zoning Board of Appeals own Decisions and excerps from their own minutes recite the Board was at best confused as to the number of units present in the premises prior to 1951. d. The Town and its officials freely admit that they do not have records to accurately reflect the use IL _ 1 of the premises since the date of their construction. e. It is unduly unfair and unjust to require the Plaintiffs to bear the burden of producing evidence (beyond what they are capable of doing from their own records) as to what was constructed prior to 1951, almost 41 years after they were built. f. Notwithstanding the allegation in Subparagraph 6 of the Decisions entitled, Finding of Fact, the only "credible" evidence as to the original construction was in fact delivered in the form of an affidavit by Helen M. Nissley. WHEREFORE, the Plaintiffs respectfully request this Honorable Court to issue an order and judgment as follows: 1. That the Decisions of the Barnstable Zoning Board of Appeals exceeded their authority, actual knowledge, are fundamentally unfair, and therefore should, be annulled. 2. Since the interior, separate kitchens, entrance ways and bathrooms have by the evidence admitted to by the Building Inspector, existed for more than ten ( 10) years, the Defendants should be precluded from ordering the removal of any interior improvements to the premises including but not limited to any removal of the separate kitchens and bathrooms and entrance ways that constitute the fifth .and sixth units in the buildings. 3. To award the Plaintiff reasonable attorney' s fees and costs in bringing this action. 4 . For such other and further relief as this Court may deem meet and just and proper under the circumstances as they are determined at trial. JURY CLAIM The Plaintiffs claim and hereby demand that all matters so triable before a jury, be tried as such before a jury. Respectfully submitted, WILLIAM H. CLARK and JEAN F. CLARK, Trustees of W. Clark Trust, Plaintiffs, by their attorney, J5 fe y J non, Esquire Faliftorffth Road, Suite 4C enterville, MA 03632 (508) 790-5776 BBO #252510 Date: October 14, 1999 Trial Court of Massachusetts DOCKET NUMBER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT Barnstable Division .,,:.% PLAINTIFF(S) DEFENDANT(S)' , William H. Clark & Jean F. Clark, Trustees Barnstable Zoning Board of Appeals of the W. Clark Trust and Building Commissioner ATTORNEY(S)FIRM NAME,ADDRESS AND TEL.) 0$ 790-5776 ATTORNEY(S)(if known) 790-6280 Jeffery Johnson, Esquire Robert D. Smith, Town Attorney 1550 Falmouth Rd, Suite 4C Town Hall, 367 Main Street Centerville, MA 02632 Hyannis,,MA 02601 Board of Bar Overseers # (Required) 252510 ORIGIN CODE AND TRACK DESIGNATION Place an M in one box only: 1. F01 Original Complaint ❑ 4. F04 District Ct. Appeal c231, s. 97 (X) ❑ 2. F02 Removal to Sup. Ct. c 231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from ❑ 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X) ❑ 6. E10 Summary process appeal (X) TYPE OF ACTION AND .TRACK DESIGNATION (See Reverse Side) CODE NO. ' TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? CO 2 Zoning Appeal C`. 40A (F ) ❑ Yes ? No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) Plaintiffs applied to the Defendant Zoning Board of Appeals to overturn the decision of.the Building.Commissioner. The application was denied. Plaintiffs are aggrieved by that decision and brings this appeal pursuant to G.L. C. 40A, Section 17. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. SIGNATURE ORNEY OF OR PLAT DATE 10/14/99 OFFICE USE ONLY . . NOT WRITE BELOW THIS LINE DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered BY: ❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District DATE ❑ 2. During jury trial or non-jury hearing Court under G.L. c.231, DISPOSITION ENTERED ❑ 3. After jury verdict s.102C. ❑ 4. After court finding Disposition Date BY: ❑.5. After post trial motion DATE: OCAJ6-mtc005-6/91 r"! t=i1( FAn(:Ie�CI�T� C innr r JEFFERY JOHNSON CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE,MASSACHUSETTS 02632 Jeffery Johnson Telephone(508) 790-5776 George W.Miller Facsimile (508)775-1945 October 14, 1999 Barnstable Superior Court P.O. Box 425 Barnstable, MA 02630 ATTN: Phyllis A. Day, Clerk RE: W. Clark Trust vs. Barnstable Zoning Board of Appeals et. al Dear Ms. Day: Enclosed herewith for filing please find a Complaint, a Civil Action Cover Sheet and a check in the amount of $185.00. Please enter the docket number on my copy. Thank you for your assistance in this matter. VPefe truly urs, Jo n on JJ/mka Enclosure cc: W. Clark Trust c:cli.\clark\clark.doc �'V Town of Barnstable Planning Department Staff Report Clark Appeal Number 1999-39-Appeal Decision of Building Commissioner Appeal Number 1999-40-Appeal Decision of Building Commissioner Date: March 16, 1999 To: Zo!1175f Appeals From: Approved By: Robert ernig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog,Associate Planner Petitioners: William H.&Jean F.Clark,Trustees of W. Clark Trust Property Address: 164 Winter Street&75 Charles Street, Hyannis Assessor's Map/Parcel: Map 309, Parcels 256&258 Area: Parcel 256-0.18 acre, Parcel 258-0.18 acre Zoning: RB Residential B Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:January 19, 1999 Public Hearing:March 24, 1999 Decision Due:June 28, 1999(includes a 60-day extension) Background: Due to the similar nature of these appeals, they have been combined into one staff report. The properties that are the subject of these appeals each consist of a 0.18 acre lot that are improved with a two-story, 2080 sq. ft. multi-family residential dwelling.' The premises at 164 Winter Street is a 5 unit residential dwelling and the premises at 75 Charles Street is a 6 unit residential dwelling. The applicants are the owners of these properties but are absentee landlords, residing in Falmouth. In a letter dated December 17, 1998, the applicants were informed that both properties are in violation of zoning and are not allowed more than four family units each. The applicants are appealing these decisions of the Building Commissioner as defined in letters dated December 17, 1998 which read, "An investigation of the above referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately." The applicants contend that both premises are pre-existing nonconforming with regard to the structures and use. Both cases had been turned over to Consumer Affairs for criminal court action by the Building Division. Consumer Affairs has determined not to proceed with court action, after reviewing the relevant materials and concluding that the petitioners have shown to their satisfaction that the subject premises are pre- existing nonconforming. Further action has been suspended pending a resolution by the Zoning Board of Appeals. Zoning History: The property was first zoned RA in 1951 (ATM 3/5/51, Art. 97). In 1956, the property was rezoned to a RA-1 Zoning District(ATM 3/5-6/56, Art. 42). Finally, in 1972 the zoning on the property was changed to its present RB zoning (ATM 4/5/72, Art. 126). ' According to Assessor's records dated 03/16/99 t Planr{ng Department-Staff Report—Clark ' Appeal No. 1999-39-Appeal Decision of Building Commissioner Appeal No. 1999-40-Appeal Decision of Building Commissioner Between 1951 and 1956, the RA District did permit two-family dwellings. Between 1956 and 1972, two- family dwellings were allowed only if authorized by the Zoning Board of Appeals. At no time were more than two-family dwellings permitted on the property since the adoption of zoning in this part of Hyannis. A review of ZBA records indicates that no prior action was taken on either property to allow more than a single-family residence. However, as the applicants contend, both premises maybe pre-existing nonconforming. Staff Review/Comments: The applications state that the use of the properties as multi-family dwellings is pre-existing nonconforming. Assessor's records indicate that both buildings were constructed around 1930. If built as a 5-unit dwelling (164 Winter Street) and a 6-unit dwelling (75 Charles Street), as reported by the petitioners, the use would pre-date zoning in this area of Town. Earlier assessor's records, from 1973 and 1996, list the buildings as four family dwellings. However, the most recently obtained assessor's records, dated 03/16/99, list the building at 164 Winter Street as a 5 unit dwelling and the structure at 75 Charles Street as a 6 unit dwelling. The applicants have submitted a rent schedule from 1968 (see attached copy), which shows the building at 164 Winter Street as having 5 units and the building at 75 Charles Street as having 6 units. The applicants have also submitted several affidavits (copies attached)from surrounding residents that appear to demonstrate the-pre-existing nonconforming status of these properties. Condition of Subject Properties In a letter dated November 14, 1995, from Richard Stevens (Building Inspector), the applicants were informed that the subject properties have serious structural defects that, if left unaddressed, could lead to complete structural failure and result in serious injury or possible death to those tenants occupying the property (see attached copy of letter). The applicants should be prepared to address this issue before the Board. Have corrective measures been taken and are these buildings now structurally sound? Attachments: Applications Copies: Applicants/Petitioners Assessor's Maps/Cards Dec. 17, 1998 Letters from Building Commissioner Jan. 13, 1999 Letter Wattachments from Attorney McKenzie Dec. 17, 1998 Letter from Attorney McKenzie Building Division Records Rent Schedules Affidavits 2 I ' JAN 19 1999 T -OF sTAs . y� -JA I: �� �4.T"�`.;495*4R��e• Zoning Board `of Appeals. i_ ArPlication 'for .Other Powers_ TOWN OF ABLE. �Nr^ne^n 0 APPEALS For office use ,oril"��" Date Received Appeal. #. Town Clerk office Bearing Date .Decision Due The undersigned hereby applies to the .Zoning Board of APPeals -for the reasons indicated: frVj) .7 Applicant Name: � , Phone �a PP Applicant Address: ^r`./ 131h� - �'I �i$� /r`� /i.�� ✓��ain /�I✓� �L��r� Property Location This is a request for: [] nforcement Action Appeal of Administrative Officials Decision [] Repetitive Petitions [] Appeal from the Zoning Administrator [� Other General Powers -.Please specifys Please Provide the Following Information (as applicable)s /4 Property owner: �' CiL L� �i2U S , Phone 6f YS_ ��-�— . -Address of owner: Zf applicant differs from owner, stake nature of interest: • umber D c�v ` C�_5 Assessor sHap/Parcel N ' $ _ zoning District Groundwater overlay District J which section(s) of the Zoning ordinance and/or of HGL Chapter 40A are y u appealing to the Zoning Board of Appeals? Z 01 g=istiag Level o Development of the property - Number of Buildings: Present Dse(s) Y . Gross Floor Area: sq. ft., _ Application for Other Powers Nature Description of Request: It yk- �S AJt< v r1s: Attached separate sheet if needed. Is the property located in an Historic District? Yes [j NO. (�}/ If yes ORH Use Only: Plan Review Number Date Approved . Is the building a designated Historic Landmark? Yes. [] No If yes Historic Preservation Department Use only: Date Approved Has a building permit been applied for? Yes [] No Has the Building Inspector refused a permit? Yes [] No [ Has the property been before Site Plan Review?. Yes [] No (� For Building Department Use only: Not Required - Single Family [j Site Plan Review Number " Date Approved Signature: � The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial, of your request: Three (3) copies of the completed application form,' each with original signatures. Three (3) copies of all attachments as may be'required for standing before the Board and for clear understanding of your appeal.. The applicant may submit any a i su i ocuments to assist the B d aking its 'na o . 7 signature* art/ Date: Applicant o 'Agent' _ ^9na W. Agent's Address: Phone: FaX No. -� �QF 1HE The Town .of Barnstable Y r r STABLE, 9 MAC. Department of Health, Safety and Environmental Services lEnr�r°' Building Division 367 Main Street;Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 17, 1998 Stephen O. McKenzie Attorney At Law 200 Main Street Suite C Falmouth, MA 02540 Re: 164 Winter, Street, Hyannis (309 258) Dear Attorney McKenzie: An investigation of the above-referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately. You have the right to appeal if you so choose. If you decide to appeal, we will be happy to assist you in any way we can. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn g980902c STEPHEN O. MCKENZIE ATTORNEY AT LAW January 13; 1999 Ms. Linda Hutchenrider Town Clerk Town of Barnstable HAND DELIVERED 230 South Street P. O. Box 2430 Hyannis, MA 02601 RE: APPEAL OF DECISION OF BUILDING COMMISSIONER 164 WINTER STREET, HYANNIS, MA (Map/Parcel 309 258) 75 CHARLES STREET, HYANNIS, MA (Map/Parcel 309 256) WILLIAM H. CLARK AND JEAN F. CLARK, TRUSTEES OF W. CLARK TRUST - Dear Ms. Hutchenrider: Please be advised that this office represents William H. Clark and Jean F. Clark, Trustees of W. Clark Trust, of Harbor Ridge Road, North Falmouth, Massachusetts (the "Trust") in an appeal to the Town of Barnstable Zoning Board of Appeals of a decision of Mr. Ralph M. Crossen, Building Commissioner with respect to two (2) properties owned by the Trust pursuant to M. G. L. c. 40A, Section 8 and Section 5-3 of the Zoning Ordinance of the Town of Barnstable, Massachusetts. The Trust is an aggrieved party to a decision of the Building Commissioner as it relates to the status of the properties located at 164 Winter Street and 75 Charles Street, Hyannis, Massachusetts. The two properties in question are reach multi-family dwellings, with the Winter Street property being a five (5) unit dwelling,and the Charles Street property being a Six (6) unit dwelling. Mr. and Mrs. Clark acquired both properties in 1968 (Land Court Certificate of Title No. 42,269) and transferred to the properties into the Trust in 1971 (Land Court Certificate of Title No. 75,628). The Trust, in addition to other properties in Barnstable, also owns the adjacent property at 170 Winter Street which is a four (4) unit dwelling. I have enclosed a copy of the current Certificate of Title as well as a copy of the Land Court plan. I have also enclosed copies of the mortgage survey plans prepared on each parcel of land at the time Mr. and Mrs. Clark acquired the properties in 1968. Each .of these buildings were constructed about 1930 and were built as 5, 6 and 4 family dwellings and have continued in the same configuration without change since they were constructed. Each building and the use thereof is pre-existing to the adoption of zoning by the Town of Barnstable and the properties are therefore pre-existing and non-conforming properties. On behalf of the trust I have supplied Mr. Jack Gillis, Division Supervisor of the Town of Barnstable Department of Health, Safety and Environmental Services with affidavits of several 200 MAIN S7R1';H;r• SUITI; C • I'ALMOUTH • MASSACIII;SI-;'I'rS 02540 TEL. (508) 540-6355 • FAX(508).540-1720 y long-time residents of the Town of Barnstable who are each familiar with the properties and the fact that they have been 5, 6 and 4 family dwellings prior to adoption of zoning by the Town of Barnstable. These affidavits include the daughter of the builder of each of the dwellings, statingthat such buildings were originally built as 5, 6 and 4 family dwellings and have g continued to operate in such capacity since their original construction. On behalf of the Trust, this letter requests a formal hearing before the Town of Barnstable Zoning Board of Appeals for a determination of the status of the two properties in question. Kindly notify this office as to the hearing date before the Zoning Board of Appeals. If you have any questions, please do not hesitate to call me. On behalf of William H. Clark and Jean F. Clark, Trustees of W. Clark Trust., I thank you for your cooperation in this matter. 4Since,relyMcKenzie SOM/ cc: William H. Clark, Trustee Jean F. Clark, Trustee Jack Gills, Town of Barnstable Division Supervisor Department of Health, Safety and Environmental Services Ralph M. Crossen, Town of Barnstable Building Commissioner I ,- Book 612 Page 118 r Y. &augfer Certificate of Title. Doc. No. 241,609 - Clf. No. 75628 From Transfer Certificate No. 42269 Originally Registered March 18, 1968 in Registration Book 334 Page 119 for the Registry District of Barnstable County. TIji.9 ig to Tcrtifp that William H.-Clark and Jean F. Clark, Trustees of the W. Clark Trust" under a Declaration of Trust dated July 1, 1978 being Document No. 241,611, of Harbor Ridge Road, North Falmouth, Barnstable County, Massachusetts 02556, are i the owner(s) in fee simple. of that land situated in Barnstable (Hyannis) in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: Northwesterly by Winter Street, seventy (70) feet; Northeasterly by Lot 12-F, one hundred twenty and 73/100 (120.73) feet; Southeasterly by Grove Street, sixty-five (65) feet; and Southwesterly by Lot 12-D, one hundred twelve and 21/100 (112.21) feet. Said land is shown as LOT 12-E on plan hereinafter mentioned. .. - Northwesterly by Winter Street, seventy (70) feet; Northeasterly by Lot 12-G, one hundred thirty and 02/100 (130.02) feet; 4 Southeasterly by Grove Street, fifty-one (51) feet; and - Southwesterly by Lot 12-E, one hundred twenty and 73/100 (120.73) feet. Said land is shown as LOT 12-P on said plan. Northwesterly by Winter Street, seventy (70) feet; Northeasterly by Chestnut Street, one hundred forty and 96/100 (140.96) feet; Southeasterly by Grove Street, fifty-one (51) feet; and Southwesterly by Lot 12-F, one hundred thirty and 02/100 (130.02) feet. Said land is shown as LOT 12-G on said plan. All of said boundaries are determined by the Court to be loca- ted as•shown on subdivision plan 15177-F (Sheet 2) dated June 20, 1946, drawn by Bearse s Kellogg, Civil Engineers, and filed in the Land Registration Office at Boston, ,a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 63 Page 6 with Certificate of Title No. 9626 and said land is shown thereon as LOTS 12-E, 12-F and 12-G. .There is appurtenant to said land the right to use Louis Street in common with all others entitled thereto. So much of said land as is included within the limits of the - private roads shown on said plan is subject to the rights of all persons law- ' fully entitled thereto in and over the same. ' Said land is subject to the rights granted in an easement given to the Barnstable Water Company dated November 9, 1931 being Document No. 6,084. 1 Said land is subject to three Takings by the Town of Barnstable: ' f one of Chestnut Street dated March 29, 1946 being Document No. 17,873, another. of Grove Street dated April 4, 1950 being Document No.. 26,759 and the other of Winter Stre et dated April 3 1969 being Document N P9 0. 129 123. i And it is further certified that said land is under the operation and provisions of Chapter 185 of the.,Ceneral Laws, and that the title of said William.N. Clark and.Jean F. Clark, Trustees as ' - aforesaid, to said land is registered tinder said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting 1CITNEss:WILLIAM 1.RAINDALL,Esquire,Judge of the Land Court,at Barnstable,in said County of Barnstable., the twenty-second day of September in the year nineteen hundred and seventy-eight at 11 o'clock and 49 minutes. Attest, with the Seal of said Court, j Land Court Case No. 15111 STL•PHEN WEEKES, Assistant Rrrnrrlrr. i _ III; 4 Th e Town . of Barnstable. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hymmis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CASE SUMMARY ZONING bISTRICT: R8 ASSESSORS MAP# 309 bATE: 3127/98 ASSESSORS PARCEL M 258 PROPERTY ADDRESS: 164 Winter Street Hyannis MA 02601 OWNER(S) OF RECORD: William&Jean Clark ALLOWED USE: Four(4)Residential Units CURRENT USE VIOLATION: Five(S)Residential Units HISTORY • 3/11/97 Building Inspector Martin performed inspection which revealed existance of five residential units. • 4/11/98 Notice of violation letter sent by Barnstable Building Department, • 4/29/97 Linda Clark sent letter in response-no resolution. • 8/22/97 Inspector Jones performed re-inspection-no change. • 8/27/97 Letter sent from Mr.Jack Gillis,Division Supv.,Barnstable Department of Health, Safety& Environmental Services, Consumer Affairs Division-no response received. • 12/9/97 Building Dept. requested Mr. Gillis to persue court action • 3/27/97 Verification of tenants. r . • n:r ♦a' MEMO, i ► THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL(S) m A C(��F DATA L 348 631 893 or Y lie Town of Barns OFW(ciertlpied Mail No Insurance Coverage Provided VYTE- Do not use for International Mail t659 M ' Department of Health Safety and Enviroi �.0 (See Reverse) Building Drv><s><on C', Sent(o. , 367 Main Street,Hyannis MA 02601 . i L Str t and No. 2 ad Office: 508-790-6227 P. ., tat and ZIP Code _ QaSS Fax: 508-790-6230 Q Q Postage $ �, 00 cr) Certified Fee O U_ Special Delivery Fee rn IL Restricted Delivery Fee April 11,1997 Return Receipt Showing to Whom&Date Delivered Return Receipt Showing to Whom, Mr. William Clark Date,and Addressee's Address TOTAL Postage Harbor Ridge Road &Fees North Falmouth,MA 02556 Postmark or Date RE: 164 Winter Street,Hyannis,MA (M-309/P-258) Dear Property Owner: Our records indicate that your house at, 164 Winter Street,Hyannis,MA, is currently being used as a five family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a four family home 2) apply to the Zoning Board of Appeals for a variance 3) prove that this is a legal five-family You must contact this office immediately to tell us what direction you wish to take. Sincerely, '� ()j2• m SENDER: receive the v_ ■complete items t andfor 2 for additional services. I also wish to Gloria M. Urenas i ■Complete items 3,4a,and 4b. following services(for an m ■Print your name and address on the reverse of this form so that we can return this extra fee): Zoning Enforcement Officer card to you. m ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address . 0 permit. GMU:Ib m ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted De very N ■The Return Receipt will show to whom the article was delivered and the date a ° delivered. Consult postmaster fo fee. ° 4a.Article Number k, � 3.Article Addressed to: °' �i 4b.Service Type CERTIFIED MAIL-Z 348 631 • ° (— /2� ❑ Registered, ❑ Certified ❑ Express Mail ❑ Insured M r ? t970311 a c - 4 ❑ Return Receipt for Merchandise ❑ COD yyC.� o 7.Date of Delive z 5.Received By:(Print Name) 8.Addressee's Address(Only if requested and fee is paid) g 6.Signatute:(Addresse ant r o v oArm 11, December 1994 Domestic Return Receipt P9 Property Location: 164 WINTER STREET HY. MAP ID: 309/ 258/// Other ID: Bldg#: 1 Card 1 of 1. Print Date:03/16/1999 hqymY .a�: _.xY ,». :. '� ,±'. a:'df�ln". s > ...-': `.;f5 ..' ' i>'' �<e.' a+ < i ,a ' z°Fi h ,bL .,a escrip on a pprais a ue ssess a ue 801 ARBOR RIDGE RD R,ESIDNTL 1110 97,20 97,20CBARIYSTABLE,MA FALMOUTH,MA 02556 KIP Ts s rr ccoun . an > �� Tax Dist. 400 Land Ct# er.Prop. #SR I S I O Life Estate 1 1 DL 1 LOT 12E Notes: 118,229 DL 2 oa , , -?';.?k,rx.�l' � .:�A-xa .mK,*eE.._. s_: r�.•�. .:fir,,. ::: �; x #.a,,_f n+' .� - - -,.,.a c sa r. Code ssesaue r. e ssessa Pattie r. Code 3c,< (, value g.a ue -.9 o ah 88's Total. ti ,}�n : tS St n a g g y nature ae ow es a visit Q Data Collector OF Assessor L_€-�`-kS.w .:�c,, r+� -t"� ''ft" a c. sxa x. . :'3 ear p t D escriptton �5mount.0 code esOnption Number Amount Gomm.Int. ful��?Y:rs.. .� ?ray ,-Fu 6• �;,i?- „o.11w, Appraised Bldg.Value(Card) 96,600 Appraised XF(B)Value(Bldg) 600 Appraised OB(L)Value(Bldg) 0 o a I Appraised Land Value(Bldg) 20,700 S.e��,.: F r' > n .�, �';�ri q 4' �'...n [ 4A"'h �fcy «..'.. 11•� .vat f Special Land Value 2 STUDIO APTS- 3 1 BEDROOM APTS Total Appraised Card Value 117,900 Total Appraised Parcel Value 1 THERMASTAT FOR Valuation Method: 117,900 BLDG............ Cost/Market Valuation IN praisearceauee Total p , z ._ -:�.: r<+-.,n},N f,.. ,>;:;, s� , . <: .x',7 x ..u.,x:s .:','- - i' s:L�• y r a3. :�;�"nT � c ,6 4 S' 'n �5 -.:i i _.E�� _. .�-.,>v,;,�._.�a..< s,.:-: ,i. .,.-, s as�,y. :..;, .a ..:: .:i.. : =�tt;1'f<H�$�.:� .a _ � .��- „��.:,. �, a �cr- �.. .w �• Permit ID Issue Date lype Description Amount Insp.Date o Comp. Date Comp. omments a e Ca. urpos esu m ...k use Code. Description. one D ntage epth units Unit Price L Factor actor Nbhd. Adj. Notes-Aajlapecial Pricing Adj.Uni rice an a ue nt _. KB . lotat an nit - Uaq ALj 'otat Landa u2U,70 Property Location: 164 WINTER STREET HY MAP ID: 309/ 258/// Other ID: Bldg#: 1 Card 1 of 1 Print Date:03/16/1999 .:..: ::: .-... ,•:. , :; .: 6. >. �, ;`-', �. ...� +�` `t?vak� .�:� 2 �:� s; 'fJ �x rev � c _.� A`.; ::.:e: N..y.,.'v:. .. .. �fa.s{w $v�ntf .:4.:a.x `F1x., .�..x� .:i,4 �,� r,+.• .�.a;. .,t emenca. uescrtpllon Commercial Daidmen RyFeTrype 4 partments Dement Description odel 4 Commercial Heat de C C Frame Type 02 WOOD FRAME Baths/Plumbing D2 AVERAGE . tones Stories Occupancy 0 eiling/Wall 6 E1L&WALLS AS /Prtn oomss 2 AVERAGE BM Exterior Wall 1 14 Wood Shingle %Common Wall 2 all Height Roof Structure 03 Gablefflip Roof Cover D3 sph/F GIs/Cmp 4 nterior Wall 1 D3 Plastered 0" .R 2 emen . o e veschption Factor nterior Floor 1 12 Hardwood omp ex 4 2 loor Adj nit Location Heating Fuel 2 11 Heating Type 5 of Water qumbeT of Units C Type 1 one 4umber of Levels /o Ownership Bedrooms 5 Bedrooms Bathrooms Bathrooms : E 0 Full e '�, na j.base Kat•-r,e Total Rooms 1 1 Rooms ize Adj.Factor .22083 de(Q)Index .08 AS 4U Bath Type dj.Base Rate 9.88 BM Kitchen Style Idg.Value New 61,004 ear Built 930 ff.Year Built 965 rml Physcl Dep 2 uncnl Obslnc con Obslnc peel Cond%ode e Deschplion Percentage Overall%Cond. 60 Units eprec.Bldg Value 96,600 o e Deschpaon nz s nJlFnce Yr. Dpm %cnapr. Value rep. , q Go de escnption L ivmg reap ross rea Ejj.Area Unit CCostu n eprec. value BAS Ifirst Ploor 1,171 78,261 . FUS Upper Story,Finished 96 96 96 69.91 69,08 UBM Basement,Unfinished 1,12 224 13.91 15,65-- Jill Uross MvlLease Area Tzuq STAT PARCEL IDENTIFICATION 'ERTv ADDRESS l I ZONING (DISTRICT CODE SP"DISTS.I DATE PRINTED(CLASS I PCS I NBHD KEY No. 01b4 WINTER STREET 07 RB 400 07HY 01/04/96 1111 1" 638C [R309 258. 22.5580 LANDIOTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Y UNIT ADJ'D.UNIT CLARKP WILLIAM H S, JEAN F MAP- L,nD Bv,oal. S„e o,men.,en LOC./VR.SPEC.clwSs ADJ. GOND. P - PRICE PRICE �ACRESIUNITS VALUE o..c,bDon . cD. FF.D. In,At,e. #LAND 1 17i700 CARDS IN ACCOUNT - 10 18LDG.SIT 1 X .118 =100 328 29999.95 98399.9 .18 17700 #BLDG(S)-CARD-1 1 71,100 01 OF 01 #PL 164 WINTER STREET HY BATHS 5.0 U x I C= 100 17500.00 17500.00 1.00 17500 B RDL LOT 12E MARKET 102700 FIREPLACE U x C= 100 3100.00 3100.00 1.00 31UU .3 ORR 1866 0070 0639 0065 INCOME #SR GROVE STREET USE Al j APPRAISED VALUE U I A 88.800 PARCEL SUMMARY U I LAND 17700 S BLOGS 71100 T O-IMPS M ' I TOTAL OCNST 88800 E N DEED REFERENCE TVP, DATE HKo,O.o PRIOR YEAR VALUE T I Boot, P.o• Irol. MO. r,.p �•L•Psi AND 17700 S C42269 , AO/00 BLDGS 71100 TOTAL 88800 BUILDING PERMIT ENTRANCE GAINED N, Im . O.I. TTP. Amoen, 2 STUDIO A P T S - LAND LAND-ADJ INC ME �SE SP-BLDS FEATURES BLD-ADDS UNITS 3 1 BEDROOM APTS 17700 20600 1 THERMASTAT FOR Cnnfl 7e,al VearBu,ll Npm DD{Y BLDG....._...... C,nss Un„s Unus Base Ra,e wJ, Rale A I Ape OeP, COnO CND. lot b R.G R.P,.C...N.w A0I R.PI.V.lu. Slor,af H.,pnl Roomf Rm. B.In. •F+,. P.nv.•u f.t. LAND A D J U S T E D 04C 000 100 100 70.10 70.10 30 65 29 66 85 51 139490 711OU 2.0 11 5 5.0 20.0 FOR ECONOMICS_._ Ra,e SDuau.ee, A.P,Cos, MKT.INDEX: 1.00 IMP.BYIDATE: ML 1.2I 87 SCALE: 1/01.00 ELEMENTS CODE CONSTRUCTION DETAIL 100 70.10 960 67296 6ROS5 AREA Z UdU FOUR FAMILY DWELLING CNS1 Gp:uu 1S 100 70.10 160 11216 -------------------40i-- --------- STYLE 18 ULTI FAMILY 0. 820 60 42.06 960 40378 ! B20 ! E-S-tGN-ADJMT -00---------- ----- - ----0:0 ! ERTER:TWWELS-" -II 660-VtfINGUE_S---7 0.0 ! ! ri EA-T/At-_TYPE' 09or1 =HOrt-4AY-ER_ __0: ! ! I NT-ER:FT-NISW -OS PIUK STER---------"-0: ! ! I UT-ER:LAYO UT_. -12 AVER:7N6AMA-L ____Q: ! I NTER.A ALTY02S_04E AS EkTER: 6.0 24 BASE 24 LO6R STR11CT_ _02 D JO ST78EAM O.0 0 W ! ! E L�_6R COVER_ 01 ARDWOOD 0.0 E A.. . Ba.e . 1120 AYOF TYPE 01GABCE-ASPH SH _ Q.O CCBUILDING DIMENSIONS ! ! L TRICAC O1 AVEVERAGE _ U.0 T BAS W40 1SB SO4 E40 N04 W40 ! ! FOUK0AT-16N- - "U2CONCRETE BLOfR-V9. A BAS _N24 E40 S24 820 N24 W40 ! - ----"--"------- I' S24 E40. .. ! ! -- NEI-fiHBOR 606 638C 1fYAN?rT5 L *------------------40------------------X LAND TOTAL MARKET ' 4 ,1 SB 4 PARCEL 17700 88800 *-------------------40------------------* AREA V A R..LAxT--F- RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY 258 STREET 164 Winter St. Hyannis 73 LAND ,p � BLOCS. Qb O OWNER //llvr�. C�Q/�' H TOTAL RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: Lot 12E LC 15177-F (2) uNoBLDCS. rn Clark William H. & Jean F. 18 68 319 C f. 42269 TOTAL • LAND O F h O BLDGS. TOTAL LAND OI BLOCS. TOTAL LAND • rn BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. OI TOTAL 'LAND INTERIOR INSPECTED: _ BLDGS. DATE: / TOTAL sl/ S ro ACREAGE COMPUTATIONS 01 BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOW ys 7, .16 fU G yl fU LAND CLEARED FRONT BLDGS. REAR TOTAL WOODS 3 SPROUT FRONT LAND REAR REAR � a, BLDGS. WASTE FRONT TOTAL REAR LAND O BLDGS. TOTAL LAND B - O BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR."IMF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER Ol BLDGS. T N1" ST HIGH GRAVEL RD. TOTAL Sr LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. I J//I Cone.Blk.Wells Bsmt.Roe..Room St.Shower Belh(C r Bsmt. PURC COST :one.Slab Bsmt.Garage St.Shower Est. PORCH.DATE Wills PORCH.PRICE. � trick Walls Attic Ff.b Stain Toilet Room Roof - -- - RENT • w1L ;tons Wells Fin.Attic D- Two Fist.Bath Floors. fare INTERIOR FINISH Lavatory Extra ismi. '1• 2 Sink 6 % r/ Plaster - Water Cie.Extra Attic EXTERIOR WALLS Knotty Pin@ Water Only - ouble Siding Plywood No Plumbing Bsmt.Fin. . ingle Siding Plasterboard Int.Fin. 3 Shingles TILING L p mc.Bilk. G j P Bath Ff. Heat o ace Brk.On Int.Layout Bath Ft.&Wains. Auto Ht.Unit. f�O Veneer Int.Cond. o, Bath Ff.i Walls Fireplace O p fy 3m. Brk.On HEATING Toilet Rm.Ff. Plumbing 3 0 Aid Com.Brk. Hot Air. Toilet Rm.Fl.A,Wains. Tiling Steam Toilet Rm.Ff.6 Walls ate lankst lee. `1 Hot Water St.Shower 3of Ins. V. Air Cond. Tub Area Total 7 Floor Fura. ROOFING 17�21VVN COMPUTATIONS $ph.Shingle Pipeless Furn. . S.F. 3-3 13 O load Shingle No"sat p S.F. J A 3(O sbs.Shingle Oil Burner / S.F. Islip Coal Stoker S.F. ile Gas ROOF TYPE Electric S.F. OUTBUILDINGS— ebb Flat S.F. - 112 3 4 5 61718 9110 1 2 3 4 5 8 71819 10 MEASUR fp .In FIREPLACES S.F. PlerFound. Floor .ambral Fireplace Stack f Wail Found. 0.H.Doer FLO 1 - - Sgb.Silt. Ball Roofing LISTEC RS Fireplace one. LIGHTING Dble.Sdg. Shingle Roof orth No Elect. DATE Shingle Walls Plumbing !no lardwood ROOMS Cement BIC Electric r aph.Tile ✓ 8smt. 1st•7 4_?jzTOTAL L p 6 (. Brick Int.Finish P EC tingle. 2nd 4f-0,2 3rd FACTOR —s - if to REPLACEMENT ] OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE RE-MOD. COND. REPL. VAL. Phy.Dsp. PHYS. VALUE Funct.Dep. ACTUAL VAL. WLGL z s rAl c, ..:. --..;.: .. 3 14 A l l Z S� 9 � s7110 I 2 - 3 4 4 t 6. 7 9 f0 TOTAL r - ./5/77r L.CPI.n Isl» Sheet 2 /9A C.0 S 68'S8'SS"E M 01 d 1 O �CA OCi �_y In '.• o a a•s 'ss'Ew� � p o W y /50 " O e /4'� 1N �q M W�a y � 4 . O'Ysro�•*o.w b� o � oh fp Nae•ae,jeyy k ` .631 � m ~ •-N IS A 10" /2 � to r +�swA b� 1 A R M' cl these . I4 e. y e � 10 As �; i Separate cerNAcal• (ills I»ey 6e Issued /crt �� 0.105 8 a Copy of o!p/en for/J?,u"/t,;.li!It�i 1J.41.`eS sdo»n Mnwn!E]s c!P�oft. -- ;, By the Ltour! N,•ut47 JO aiD t:D / W/rh 1 LAND R£G/STRAY/ON O fICf SCOAF oft plen B p IM hti1 to w!rob ' ��'�� .JLCA'GLtIJ4Is' A�eornlws yD�rs•r MITi'ollelou9A, r>�Cowt \ r ' \ � GRovr S.T RED T N ' IL � r F o I o L" Y N _ _ N rJ I q-o't WI W E: fa, STREET bdORTGAGE $1Ji3VEY PLAN 1 DONALD S. FOX. RCGI57eRI'D LAND '5URVE-YOR SUNSET ROAD - CARLISLE, MASS BA FN S-rA B L E MASS. I hereby certify thot the building own LOCATION; 5JCALe: P• zoo �'ATe: 'LL 6LIg60._ on this plan ietitco located fonthcground as in -- - - shown and That it conforms to the zoning PLAN PeFERENCi`: Iowa of the 8"/Town of. 1 ZE BA0.N ST ABLE �D eiEq Lot—_ on a plan by -- __-- p�E_L w h cw�--. an c e on ruttd. daTi(1____---_and racorded in -- _ t3ARN5Tg9LE - _COUnty---___ R¢q ietry of Dez65. mil„a Book No._____--Page No.----- o�• r� SEE LANo e.—RT ?t AN No. t 5177 -SH. Z 1 IOMO ' 8 ` ■ u�Prop¢rt.1line and etreatlin¢ offs¢}� �zrwr+� ohown on this plan are epacifically for the determination of zoninq requirements onl .. H g 3o63 f p TOWN -Or BARNSTABLE. ~D zoning Board "Of Appeals �99 lication for Other .Powers .� 1- 9 I TOWN OF BARNSTAB lateReceived For,dffltenVb@FAt Town clerk office ;.. Appeal f 19 Q TH q6_ searing Date 2 ' 5 Decision Due The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated: 4/J Applicant Names Olr 1,V, Cz4A?e__ )A25 7 , Phone _l(> Applicant Address: /�/�y�-�'(�-L /�� jf}p Property Location: S This is a request. fors [] Enforcement Action Appeal of Administrative Officials Decision [] Repetitive Petitions [] Appeal from the Zoning Administrator [] other General Powers - Please specify: Please Provide the Following Innf/ormat�i.,on/�(as applicablee): Property.Owner: Phone Address of owner: �_� Zf applicant dfffers from owner, state nature 'of interest: Assessor's Hap/Parcel Number Zoning District f� Groundwater overlay District which sections) of the Zoning ordinance and/or of HGL chapter 40A are you appealing to the Zoning Board of Appeals Existing Level of Development of the Property - Number of Buildings: Present Use(s) s�� ��i� .. Gross Floor Area: sq. ft. Application for Other Powers Nature 6 Description of Request: U 44§V� :►S AI, �S. Attached separate ebeet if needed. is the property located in an Historic District? Yes [] No: (/,]/ Zf yes OKH Use only: Plan Review Number Date Approved. is the building a designated Historic Landmark?* Yes. [] No If yes Historic Preservation Department use only: Date Approved Has a building permit been applied for? Yes [] No Has the Building Inspector refused a permit? Yes [] No [ Has the property been before site Plan Review?. Yes [] No [ For Building Department use only: Not Required - single Family [] Site Plan Review Number " Date Approved signature: - The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your . requests Three (3) copies of the completed application form, each with original signatures. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additi a up g cements to assist the B d ' aking its de a n. Signature- f Date: [ Applicant went, gna 6_ v, : 'Agent Is Address: Q � Phone: Fax No. The Town of Barnstable BAMSTABLK '�: 10�' Department of Health , Safety and Environmental Services 'DrEDMA'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 17, 1998 Stephen O. McKenzie Attorney At Law 200 Main Street Suite C Falmouth, MA 02540 Re: 75 Charles Street, Street, Hyannis (309 256) Dear Attorney McKenzie: An investigation of the above-referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately. You have the right to appeal if you so choose. If you decide to appeal, we will be happy to assist you in any way we can. Sincerely, Ralph M. rossen `� Building Commissioner RMC/lbn g980902c '. The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-79"227 Ralph Crosson Fax: 508-790-6230 Building Commissioner CASE SUMMARY ZONING DISTRICT: RB ASSESSORS MAP# 309 DATE: 3t30/Q8: ASSESSORS PARCEL# 256 PROPERTY ADDRESS: 75 Charles Street Hyannis,Mass.02601 OWNER(S)OF RECORD: William&Jean Clark ALLOWED USE: Four(4) Residential Units CURRENT USE VIOLATION: Six(6)Residential Units. HISTORY 3/31/97 Inspection performed by Alfred Martin revealed existence of 6 units. • 4/11/97. Certified Notice of Violation and correction alternatives sent to owner. • 4/2&97 Certified Notice of non-compliance and the Town's intent to pursue court action. • 4/29/97 Letter in response from Linda Claris. 9/22/97 Re-inspection performed by Ralph Jones revealed 6 units. 8/27/97 Letter and notice of the Town's intent to pursue a complaint District Court from Jack Gillis,Division Supv.,Dept.of Health Safety& Environmental Services,Consumer Affairs Division. • 1Z/9/97 Matter referred to Jack Gillis to pursue Court action due to no resolution. Verification of tenants. ri- THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) ^�CLIM DATA TOWN OP 33A8NSTA 3L33 SIIPOBT *P�y=BABY/CONTINUA N 88PO8T r. i � DIVISZON rom = A-V (LAST, lIRST, MIDDLE) a YTE DETAILS i OBSERVATIONS—ITEMIZE EVIDENCE. SERIAL !S ETC. R ( 9 / r i �4L i %1i0 1 _ ��►Sea ►\ • • \• •d • SM-0v. r MIN L.Al ILI I� 'I i. , •. 1 �• f MIAM I ' 1 ( 1 1 ` I ' I 1 'I r .I L .�• NOr a . i 1 Property Location: 75 CHARLES ST HYANNIS MAP ID: 309/ 256/// Other ID: Bldg#: 1 Card 1 of 1 Print Date:03/16/1999 Px+..'.• eseripnon Voile Appratsea Value Assessea value HARBOR RIDGE RD' SIDNTL 1110 102, 80I 70 102,70 BARNS TABLE,MA FALMOUTH,MA 02556 ,#wvw Accountit L7.5502 Plan Her. .:.. .. Tax Dist. 400 Land.Ctli er.Prop. #SR Life.Estate. VISION DL 1 LOT 12G Notes 124,706 DL 2 oa 1 r r. oe ssesseaue r e ssessValuer. o e s ess Value ota. Total. ,W Total-I is signature acknowledges a visit y d ata-C-577ector or Assessor i g y a - �° ..e., s ;R^. >d,.�, ear' lypeajescription Amount o e Description m Number Amount (;amen.In?. E x.. ,zi� '.z"PoaQ.`.' � S� '�3 Appraised Bldg.Value(Card) 102,100 Appraised XF(B)Value(Bldg) 600 o a Appraised OB raised Land Val e(Bldg)Value g) 20,700 a,>'" a.; S Special Land Value bilBLDG............ Total Appraised Card Value LAND ADJ.FOR 123,400 Total Appraised Pare Value ECONOMICS....... Valuation Method: 123,400 (4)EFF,(2)1 BR Cost/Market Valuation r--NetT551 AppraisedParcel Value 123,4UU ",�_ 3 X i� wE'.. pX. -`•P 'F �.: i��k4'%.s s-� ac, j i *3.:: 2" "r YP'° *_: aK i`;'..<,' "t t..��y�. -*r„T ..;Ja .. '--'�.,. ri r->-. ,r >t,., ,r ,... .� ' g, s : ermrt ID issue ate lype Description mount nsp.. ate o Comp. Date Comp. f f Date ID Cd. PurposeiResulf n : a . ::• «: .t..f` ,.. r - :.:.�: r.:�> i .{ ;r v.;•ey;:ws -9%$s...;.r'.ii�, €k�' ...k.:":E:,?.r 3 T:i' 'si�:+x,. °; ,z f- K..>r >.,.k'.4i �",N"ii,_..i:.::'.�.h, BN Use Code Liescriplion zone D Prontage Depth units unurrice. L Tactor S.l. U Factor Nbhd. Adj. tes-Aaj1bPeClal Pricing Aqj. nit rice Lana value Units , Total an nIM U.IjAq 7Wat Landau t . ` _ Property Location: 75 CHARLES ST HYANNIS MAP ID: 309/ 256/ Other ID: Bldg#: 1 Card 1 of 1 Print Date:03/16/1999 Element Ca. Ch. Desciliptron ommerc a a emen s ype 4 Apartments emenCa. ch. Liescription. - Model 4 Commercial Heat&AU YU— NONE Grade C C Frame Type 02 WOOD FRAME Baths/Plumbing 02 AVERAGE ;` " SAS 40 tones 2 Stories JBM Occupancy 0Ceiling/Wall 6 CEIL&WALLS :us ooms/Prtns 2 AVERAGE Exterior Wall 1 4 Wood Shingle %Common Wall 2 Wall Height Roof Structure 3 able/Hip Roof Cover 3 ph/FGIs/Cmp nterior Wall 1 5 rywall 2 ement Gode Description ac or nterior Floor l 12 Hardwood Complex 4 2 Floor Adj Unit Location Heating Fuel 2 it Heating Type 5 of Water Number of Units C Type 1 one Number of Levels /a Ownership Bedrooms 4 Bedrooms Bathrooms i Bathrooms :� "• �, r -- 0 Fulladj. a j. ase e otal Rooms Rooms ize Adj.Factor 1.22083 Bathde Type dj.Base Rate x 9.23 BM Kitchen Style Idg.Value New 59,506 ear Built 930 ff.Year Built 1965 rml Physcl Dep 32 uncnl Obsinc on Obslnc peel.Cond.Code Code escrr hon ercenta a peel Cond/o ors verall%Cond. 64 juu - eprec.Bldg Value 102,100 Code D Description Liff unr s Unit Price Yr. Dp Ht _YYound r. a ue FFLL trep- , f Code Descnip on Living Area UrOSSA rea Eff.A Unit s n eprec Value First oor I'TM 1,121 , PUS Upper Story,Finished 961 96 96 69.2 66,46 UBM Basement,Unfinished 1,12 224 13.8i 15,50 t toss LivlLease Area g a: iksu I� %ODRESS � -'I I ZONING I DISTRICT CODE SP-DISTS. STATEI DATE PRINTED I CLASS I PCS I NBHD KEY NO. 73 WINTER STREET 07 RB 400 07HY 01/04/96 1111 00 638C R3D9 Z56. 225562 LANDIOTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T LARK/ W I LL I AM H 8 JEAN F M A P- BT,oa:e s:Ie D:meA>:o. LOCJYR. PEC.CLASS ADJ. COND. rP UNIT PRICE ADPRICENI7 .ACRES/UNITS VALUE De.�rwro. c1 Fr.oeIlA<.e. #LAND 1 17,700 CARDS INACC04JNT 1BLDG.stT 1 x .18 =10 328 29999.9 98399.99 .18. 17700 #BL0G(S)-CARD-1 1 69o400 01 OF 01 T`+5 4.0. u x I C= 100 14000.0 14000. COST 37TUU- 00_ . 1.00 14000 a NPL 75 CHARLES ST HYANNIS#DL LOT 12G MARKET 102700 PLACE U x I C= 100 3100.00 3100.00 1.00 3100 a #RR 1866 0070 0235 0141 INCOME ASR CHARLES STREET USE APPRAISED VALUE A 87PICO PARCEL SUMMARY AND 17700 BLDGS 69400 0-IMPS TOTAL 87100 N CNST DEED REFERENC TYw DATE R.cwtlea PRIOR YEAR VALUE Book P.o_. ln.l. MO. Yr.D S.I..Pd.. LAND 17700 C42269 I :00/00 BLDGS 69400 TOTAL 87100 BUILDING PERMIT- *1 T H E R M A S T A T IN Numb., D.I. Typo Ae S L D G............ LAND LAND-ADJ INC ME SE SP-BLDS FEATURES . BLD-ADDS UNITS LAND ADJ. FOR 17700 :.:.17100 ECONOMICS....... co- Tnlal Vear Bu:l1 Nwm Obse. ..U�s U,+us Ba.P.Rafe Atll Rate 1 Aga Dep.. Cora. CND. I L- it RG R.pl Cosl N -' Atl,Repl VAN. SIw I.. H.ipN R- Rm. lll. . .Fi.. F-Il .11 F. 000 100 100 70.10 70.10 30 65 29 66 85 51 1359.90 . 69400 2.0 8 4 4.0 16.0 Rwe su�a:e Feel R- ol Cosl MKT.INDEX: 1.DO IMP.BY/DATE: ME 1 2/87 SCALE: 1/01.00 - ELEMENTS CODE CONSTRUCTION DETAIL 100 70.10 960 67296 G OSS AREA FOUR FAMILY DWELLING CNST GP:00 8 100 70.10 160 11216 *------------------ 40--_---- * ._STYLE 18 ULTI FAMILY 0. 0 60 42.06 960 40378 ! B20 1 6 ESL-GN ADJMT 00 ----------------- 6.0 ! ! e XTEA.YALL$- 11NOOD SHINGLES----O. !!!! !!!! E'AY IAC TPPE 04 I .=H-OT-WA-TER----0 INTER.FINISH a4DRYMALI -----------0.0 INTE-9-LAYOUT 12 AVEA fNONMAL ___ IT INT5-R.DUKLTY _02SAME " A_S EXTER. 0.0 F 24 BASE 24 LOOR S?RUCT 02aD JOISTIBAA" _D.0 W ! EFLOOR_ COVER 01 AROW0 _E06 __ -(I Baa . 1120 ! ! AOOF TYPE 01GA8LE-ASPkSH0. BUILDING DIMENSIONS ! - ! ELECTRICAL _ __ ________ 01 VE AAGE _ 0.0 W43 1SB SO4 E40 N04 W40 .. ! ! FOUNDATION O?CONCRETE_BLOCK 99._ N24 E40 S24 ., 920 N24 W40 a -------- ------- -- E 40 .. . tJEIGHO0it1t00D 63BC MTANNfS *-------------------40------------------X LAND TOTAL MARKET --------__.___ 4 1 SB 4 PARCEL 17700 87100 _ AREA -----. __---- -- --ILAaI-A.Mt�- -_.__ RESIDENTIAL PROPERTY AP NO. LOT NO. H anni8 FIRE DISTRICT SUMMARY M 256 STREET 75 Charles Ste 65' on Grove LAND 3p9 /��/G�►•� /�f ! BLOCS. p�_S OWNER i - Ol H TOTAL 3 a i :• LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: Lot 1 ZG LC 15177-F 2) BLDGS. Clark William H. & Jean F. 3 18 68 334 119 TOTAL LAND BLDGS. TOTAL Q LAND BLDGS. ch TOTAL LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. —. TOTAL LAND TERIOR INSPECTED: _. BLDGS. TOTAL ATE: C 7�- •�.n,aip r ..-....' LAND ACREAGE COMPUTATIONS 01 BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL OT 3 7. So a: G .ro so LAND D FRONT BLOGS. REAR TOTAL DDS&SPROUT FRONT LAND REAR BLDGS. nTE FRONT TOTAL REAR LAND BLDGS. TOTAL - LAND BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL IONT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE - HILLY TOWN SEWER LAND ROUGH TOWN WATER of BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND. SWAMPY NO RD. O BLDGS. I ' A lei :.Walls Fin.Simi.Area Both Room (, Base a 3 10 o.Slit.Walls Bsmt.Roc.Room St.Shower Bath - Ssmt. BLDG.COST Slab Bsmt.Garage St. Shower Ext. Walla PURCH.DATEPURCH.PRICE. c Wells Attic Fl.3 Stslrs Toilet Room Roof RENT I Walls Fin.Attic O Two Flat.Bath . . INTERIOR FINISH lavatory Extra Floors F 1- 2 3 Sink % 'A Plaster Water Clo.Extra Attie :TERIOR WALLS Knotty Pine Water Only v' ' a Siding Plywood No Plumbing Saint.Fin. i Siding Plasterboard Int.Fin. Shingbs TILING Al 9 Blk. 0 F P Bath Ff. Irk.On Int.Layout Bath Fl.3 Wains. Auto HI.Unit ,70 �� 5►p O Veneer Int.Cond. Both Ff.3 Walls Fireplace O O S1 Brk.On HEATING Toilet Rm.Fl. plumbing .om.Brit. Not Air Toilet Rm.Ff.R Walns. — Steam Toilet Rm.Ff.S,Walls Tiling d it Ins_. Hot Water St.Shower ns: Air Cond. Tub Area Total Floor Furn. �•. /o p ROOFING zos/ COMPUTATIONS - •� Shingle Pipaless Furn. Fdo S.F. 33` .3 0 Shingle No Heal /0 O S.F. 4 s,7 p as..3 L. IlShingle Oil Burner / S.F. Coal Stoker S.F. Gas S.F. OUTBUILDINGS _ .._ . _ ROOF TYPE Electric weo Flat S.F. 1 2 3 4 6 6 7 8 9 10 1 2 3 4 5 8 7 8 9 10 MEASURE' Mansard FIREPLACES S.F. Pier Found. Floor d Fireplace Stack :Wall Found. 0.H.Door �LISTED FLOORS Fireplace Sills.Sdg• Roll Roofing �-- �f LIGHTING .Dble.Sdg. Shingle Roof No Elect. DATE Shingle Walls-7777777777. Plumbing load ROOMS Cement Blk. Electric ' The semi. 1st TOTAL .Brick Int.Finish ICED 2nd 3rd FACTOR REPLACEMENT 3 a'r/.kf!.3" _ J OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD� COND. REPL. VAL. Phy.Dep• PHYS. VALUE Funct.Dep. ACTUAL VAL. TOTAL s Certi `^' ee �i902 7011. Chesiee N,- =egath2in;-i�►ner — 0 i J� 0 r sq �N 3 W/.N TER S T REE T Q N20��J'OSF A O/ SE-+ SiL 6a.00 , 4 6l � + 1 ' ~— �S 003 :6400 7a.00 MOM 70.00 6QOO6S•00 650 6S.90 Qzt 40 AS IV y a w a w r.. ►y 'V o h A % 39 ec, `7 31. 32. z��3js0* A C •SOD ��.� _: , 5/.pp /-oo c• rs�e/osaae; r 17 o V w G R 19 Ch o sle ' TR. c. c. P/OB ,asa 'F Wh' ET < ti au� . Z4, co Ir �� . . ��N'd - - CkU4 h 1 s W � OZ G r a 0 n Z D ST..r { V`oT c N.-fs 0 0 w o N U 1 4 a. —Jr. G H 14%Kt` E S S-T- KE E T bdOEIGAGE §URVEY PLAN 1 DONALD 9. FOX, R15019TER150 LAND 5URVE-YOR SuNsiT ROAD CARL:SLE, MASS. LOCATION:BAaN STABLE M A S 5_—_ 1 h.raby certify that the.building own •. Z o' hgacH 6:9 5 B on)his plan Is located on the ground as 3cAL6: I, DATe: ---_�—_____ shownand.thotit conforms to the zoninq PLAN Rt•F!.`RRNC!`: laws of the.�� Town of: * Dminq Lot'zb---onaplan by �P,RN STABL_E_— C S E_E B E L e w when COnlAructed. dated__------ and recorded in B,r;Neo: . BgPNSTgBLE—Count — ---A-- . Registry K or of Deeds. y------ Book No.____--_Page No.-_-__ . SEE LAND COURT pL^N No,ISIl1F-SH.L, pry I • IQ NoWopert Ilne and straat line offects r � shown on this plan are specifically for the determination of Zoning reguiraments on( . M g 3061 Supporting Documents for both appeals in decending choronological order i 1 . ,, January Thu rsday , 21 1999 BARNSTABLE DISTRICT COURT DAILY LIST Page • Time Event Case A'o. Defendant Name PCF No. PO Counsel Judge Pfobofid Case Age CoDeft +t 35A MAGISTRATE HEARI14GS 2: OOP CH 9825AC016236 ALEX, MARLENE BAR ORC 1 268/13B/A WITNESS, INTIMIDATE 2:OOP CH 9825AC016008 BERTOLOZZI, PAUL A 631559 BAR ORC l•1 1 90/24/E NEGLIGENT OPERATION OF MOTOR VEHICLE 2:OOP CH 9825AC015323 BRENTiJOOD CONSTRUCTION, BAR ORC 6I 1 149/27B/A PUBLIC WORKS WAGE RECORDS, FAIL KEEP 2 149/27/A PREVAILING WAGE ON PUB WORKS, FL PAY 3 149/27/A PREVAILING WAGE 014 PUB WORKS, FL PAY 2:00P CH 9825AC015324 BRENTWOOD CONSTRUCTION, BAR ORC LJ 1 149/27B/A PUBLIC WORKS WAGE RECORDS, FAIL KEEP 2 149/27/A PREVAILING WAGE ON PUB WORKS, FL PAY 3 149/27/A PREVAILING WAGE ON PUB WORKS, FL PAY 4 149/27/A PREVAIL114G WAGE ON PUB WORKS, FL PAY 2:00P CH 9825ACOID574 CLARK, VIILLIA14 BAR ORC W 1 666666 MISCELLANEOUS I•fUNIC ORDINANCE/BYLAW VIOL 2 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL 2:00P CII 9825AC016246 • bASILVA CATHERINE C BAR ORC 54 l 266/37/B LARCENY BY CHECK UNDER $250 2:OOP CH 9825AC015623 DOSSANTOS, A14TONIO BAR ORC W 1 265/15A/A A&B WITH DANGEROUS WEAP014 2 266/127/C DESTRUCTION OF PROPERTY -$250, MALICIOUS 2:0013 CH 9825ACOIG244 DUNN, JR, ARTHUR G BAR ORC W 1 90/24/E NEGLIGENT OPERATION OF MOTOR VEHICLE 2:00P CH 9825AC016245 DUVALL, DAVID RALPH BAR ORC W 1 266/30/C LARCENY UNDER $250 2:00P CH 9825AC016340 EATON, DAVID M 2196026 BAR ORC ld 1 266/60/B RECEIVE STOLEN PROPERTY -$250 2:OOP CH 9925AC016278 EDWARDS, HOPE BAR ORC 4f 1 265/13A/B A&B 2:OOPr CH 9825AC015320 FEIN, JOHN V BAR ORC W 1 149/27/A PREVAILING WAGE Oki PUB WORKS, FL PAY 2 149/27/A PREVAILING WAGE ON PUB WORKS, FL PAY 2:00f CH 9825AC015321 FEIN, J014N V BAR ORC W LIST UFA94 6:50 MA A W-WA F AHT T.AN HER CASE TODAY MOTHER OTHER OPEN CASE. S. i-DULF, AS OF F ,H u:uay 1, 1,.)63 164 'Ninter Street - Hyannis, Russ. lst . Floor Left - Mrs. Richmond 0 75.00 lst Floor Ric ht - Nancy Sands 110.00 2nd. Floor Right - Mary Day 100.00 2nd Floor Left - Judy De,,tello M. Hoaland 100.00 Hear :a .artm�-,.nt - Mrs. Joyce 05.00 �1 170 Olinter Street - Hyannis, Mass. Apartment ,�l - Mrs. Whittemore, 1110.00 Apartment ;t2 - 110.00 Apartment 44 - Steve LaCrois 100.00 AP-artment f3 105.00 72;.00 75 Charles Street - H-rannis, 14ass. A'>artment -j1 - ' 'cheat Frye 35.00 AP-ir tmen t ;;`2 - 90.00 A�a rtment 3 - Mrs. comes 90.00 Apartment 4 - Mickey K:in, sley 9.1 0.00 A"art-rent Ap 5 - Ann 1 cCormack .00 rt ament f6 - Gladys Clark 0K.00 �`37:00 AFFIDAVIT 1 ICHAR'a E o make oath and say that I have been a resident of Hyannis for. Years . and that I am familiar with and do know that 75 Charles Street and 164 Winter St . . Hyannis have been 6 + 5 Family apartment buildings for over y� years . Print name Signed and e .- sworn to by the said 1*E 1998 before me Notary Public My Commissi0 Expires : •�( AFFIDAVIT .-F---1 �.✓ �2 _of Ste( S �Qtz( yJ�viT make oath and say that I have been a resident of Hyannis for a- years ,. .and that I am familiar with and do know that 75 Charles Street and 164 Winter St . , Hyannis have been 6 + 5 family apartment buildings for over years . Print name Signed and sworn to by the said 1998 before me Notary Public My Commission Expires : S•j-J• ZOD,Y AFFIDAVIT QQ I sou lUl� c- of O �h f9sF 17aLmake oath Tand ` say that I have been a resident of Hyannis for years , and that I am familiar with and do know that 75 Charles Street and 164 Winter St . . Hyannis have been 6 + 5 family apartment buildings for over years . Print name Signed and sworn to by the said dcGL. 1998 before me Notary Public My Commiss o Expires :T ou AFFIDAVIT I C OQ6 _ lU� - A L UJF1 of 32 MARic dA)A) 7FRR Ctf, make oath and say that I have been .a resident of 4Pfa+�f- s for '-A�rnv/LCg years , and that I am familiar with and do know that 75 Charles . Street and 164 Winter St . , Hyannis have been 6 + 5 family apartment buildings for over -Y-Z years . Print name Signed and sworn to by the said -'"L-' Q JUN 221998 before me Notary Public My Commissr},/ Expires : • a 07701/1998 15:09 508-790-0556 BRADFORD'S HARDWARE PAGE 01 AFFIDAVIT r / ' A make 1 .�,� ( o f oath and sav that I ave been a resident of Iivannis for CL years , and that I Q Print name Si8 ned and sworn to by the said 1998 before me _ f Notary Public E Grp. ___ "_ �, �`Y :''`_ .I. _.x of '•��_. _ to _ t ' i a �x � M MAP31 1 #90 62 1 I 163 - 3 MdP31056�3� #59 #45 #� 5 31 5 8 309 69 - - 1#36 # - 6- # �l 0 Q 37 #- !— WM9 w - 6 I1 _ - far J Mg, 1W 309 �- W _ __ � � N # "' , /J - 80 (/) #�6 MAP / �- - 1� b# #37 91 STREET MM�ff MA�M9 o ' -W C -#6A 3m 74- g #31 due 309 � ��Z �� # MAP #48 , 63 l w 45 ' 115 -�M 6 E— S U') V) 1-_J 256 MAP 309 - 2 4 MAP 309 12. _ U AW3W 81 a1 LfLoli❑ 301 31 9 2 J _ w�309 309 9 G #37 128 10 #49 4 *10 #167 V 309 5' Q MAP® ' EY2 309- 6 MAe309 �1!309 29 309 " - 9�,� iAPM9 ' - , 85_ � #2 10 _ C3, #UII AP Soy 1-54 MAPz309 a - #30 O 1 ; _ t— #37 #21 #AP 309 / M230; 130 0 14 OB1 - Z 194 Mu 309 309 - — ' 05 n �. 1#448 M 10 27J 1 % 309 6 U i] 99 '\ MAP309 `�dd- 03 #s0 4,60 AIAP 30 #145 _ #6 t'#40 i / O AWe 309 5� 9�674 C \ I 35. \ MAP 309 W309 ^� MAP 309 #91 / -of b; 1 1µµ1�dpp�y ' - 309 \ �\ 309 \8 30Y\,�3'' - c63 4 \ 09 c w 309 J -#)2 #96 MAP 309 O 60 `� / C.C• \/ - �� 309 \MAP 309 \/ \- - 74 AFFIDAVIT I _� 0S910 H t` Al Es of f V w S a • 1�AJIJ�/ S, m a k e RPSTWE oath and say .that I have been a resident of Hyttnni� for e years , and that I am familiar with and do know that 75 Charles Street and 164 Winter St . . Hyannis have been 6 + 5 family apartment buildings for over years . JW Jas•FAN l,v Print name Signed and sworn to by the said V o � %J u me � 9 1998 before me • V� Notary Public My Commission Expires : J' d�aDlX� William JJ. C..larh 72 V'IDAL AVENUE EAST FALMOUTH, MASSACHUSETTS TEL. 548-6367 RENTS ADJUSTED 15th Day of March to 31st Day of March = 17 Days Due Clark 75 Charles Street - Hyannis, Kass, Due Apt. No. Tenants Name Monthly Rent Pd. Fo arch Per Day Clark �i #1 - Karen McManaway - ._,$90:00' - Paid $90.0 - $2.91 - 4 7 #2 Irene Whitten $85.00 - Paid 8�.00 - 2.75 - �•7 _ #3 - Micheal Kingsley - $90.00 - Paid 90.00 - 2.91 - 9• #4 - Rosalie Gomes - $100.00 - Paid 100.00.1 3.23 - .91 Vacant , #6 - Ann. Mc,G6'rmack - 65.00 - Paid 65.00 - 2.10 - 35.70 170 Winter Street - Hyannis, Mass. ' Due Apt. No. / Tenants Name Monthly Rent Pd. For March Per Dap Clark #1 - Dorothy Whittmore - 4110.00 - Paid 0 55.00 - Paid - WT70 2 - Orace Butler - 105.00 - Paid 105.0 - $3.39 - 7• R - vacant - ---- - ----- - ---- Stephen Lacroix & Richard Jaruis - 100.00 - Paid 10 • .00 - 3.23 164 Winter Street Hyannis Mass. Due Apts. No. Tenants Name hAonthly Rent d. For March Per Day Clark #1 - Vacant, - ---- - -- f�.#2 - Nancy ands - $100.- _ Paid-$100_00 - $3.23 - --- #3 Vacant '� - - - - - Mary Day - ,. 00.00 - Paid 100.00 - 3.23 - 5 . 1 - Elizabeth Joyce - 65,00 - Paid 65.00 - 2.10 - 5.70 BETTERM.�TTS - (Sewerage Sys � 1967 .months �D 164 Winter Stree -- 1�`•_ 0 _- 1 170 Winter Str t -- 52.50 -' 10.95 75 Charles St eet -- 70,50 -- 70 - $222.9E 1 0 _ 70 Total T . . IF (P3 'Pill? L 6 7-3 o.u� S,7 Y' Z COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT DOCKET NO. C-16 O Y WILLIAM H. CLARK and M JEAN F. CLARK, TRUSTEES of the ) a U W. CLARK TRUST ) Plaintiffs ) OCT 1410; VS. ) ofm OF BARNI STABLE GAIL NIGHTINGALE, TOM DeRIEMER, ) °r EMMETT GLYNN, RON JANSSON ) c and GENE BURMAN AS THEY ARE ) MEMBERS OF THE BARNSTABLE ) c ZONING BOARD OF APPEALS, and ) RALPH CROSSEN, as BUILDING ) COMMISSIONER ) _ Defendants ) NOTICE PURSUANT TO CHAPTER 40A SECTION 17 Notice is hereby given to the Town Clerk of .the Town of Barnstable that Plaintiffs have caused to be filed on. October 14, 1999 a Complaint in the Barnstable Superior Court in the nature of an appeal under Chapter 40A, Section 17 of the decisions of the Barnstable Zoning Board of Appeals dated September 24, 1999 (Zoning Board of Appeals Case Nos. 1999-39 and 1999-40) , a copy of which-Complaint is attached hereto. Signed under the pains and penalties of perjury this 14th day of October, 1999. J Ve , Attorney ror ai iffs 0 Falmouth Road, Suite 4C Centerville, MA 03632 (508) 790-5776 BBO #252510 Date: October 14, 1999 r i COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT DOCKET NO. WILLIAM H. CLARK and ) JEAN F, CLARK, TRUSTEES of the ) W. CLARK TRUST ) Plaintiffs ) COMPLAINT PURSUANT TO VS. ) MASSACHUSETT GENERAL LAWS CHAPTER 40A SECTION 17. GAIL NIGHTINGALE, TOM DeRIEMER, ) EMMETT GLYNN, RON JANSSON ) and GENE BURMAN AS THEY ARE ) MEMBERS OF THE BARNSTABLE ) ZONING BOARD OF APPEALS, and ) RALPH CROSSEN, as BUILDING ) COMMISSIONER ) Defendants ) 1' PARTIES 1. The Plaintiffs, William H. Clark and Jean F. Clark, are Trustees (hereinafter Plaintiffs) •of the "W. Clark -Trust under a declaration of trust dated July 1, 1978 being duly filed with the Land Court as Document No. 241,611, said Trust having an address of 33 North Main Street, Falmouth, Barnstable County, Massachusetts 02540. The Plaintiffs, as Trustees, own the properties located at 75 Charles Street, Hyannis, and 164 Winter Street, Hyannis, Massachusetts. The Certificate of Title evidencing the Plaintiffs' ownership of these properties is registered with the Barnstable County Registry .of Deeds Land Court as Certificate of Title No. 75628 which Certificate issued on September 22, 1978. Prior to 1978 the Clarks, as individuals, owned both premises pursuant to Land Court Certificate of Title No. 42269 which was issued on March 18, 1968. A copy of the present Certificate of Title #75628 .is attached to this complaint as Exhibit A. 2. The Defendants are the Building Commissioner and members of the Zoning Board of Appeals of the Town of Barnstable with business offices at the Barnstable Town Hall buildings, at 230 r South Street, and 367 Main Street, Hyannis, Massachusetts. The following Defendants are individuals who at all material times were the Building Commissioner and the individual members of the Zoning .Board of Appeals who heard and decided the application of Plaintiffs appealing a decision of the. Building Commissioner: a. Gail Nightingale, member of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601. b. Tom DeRiemer, a member of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601; C. Emmett Glynn, Chairman of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601; d. Ron Jansson, a member of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601; e.. Gene Burman, a member - of the Zoning Board of Appeals, having a business address c/o Planning Department, Town of Barnstable, 230 South Street, Hyannis, Massachusetts 02601; and f. Ralph Crossen, as he is .the Building Commissioner of the Town of Barnstable, having a business address of, c/o Building Inspector's Office, Town Hall, . 367 Main Street, Hyannis, Massachusetts, r A , 02601. JURISDICTION 3. This action is a Zoning Appeal pursuant to Massachusetts General Laws Chapter 40A, Section 17. FACTS 4. On or about January 19, 1999 the Plaintiffs submitted two appeals of the Building Commissioner's determination of an alledged "Zoning" violation to the Defendant Zoning Board of Appeals. One appeal was for the property located at 164 Winter Street, Hyannis being Appeal No. 1999-39, concerning Assessors Map 309, Parcel 256. The second appeal was for the property at 75 Charles ' Street, Hyannis, Massachusetts which bore Appeal No. 1999-40, and concerns the parcel shown on Assessors Map 309 as Parcel 258. 5. Both properties are presently located in an RB Residential B Zoning District which would only allow single family homes if the premises were constructed today. 6. The Town of Barnstable Zoning Ordinance and Massachusetts General Laws allow a "pre-existing non-conforming" use to continue in existence. 7 . The Defendants, members of the Zoning Board of Appeals, scheduled public hearings on the applications/appeals for March 24, 1999. The hearings were opened and were conducted and were then continued to May 5, 1999, and then again to June 30, 1999, and finally to September 15, 1999. 8. At the various public hearings, the Plaintiffs presented the appeal and sought a determination that the use of the premises as 5 and 6 apartments were "pre-existing non- conforming" in nature and therefore sought permission to allow r the continued use of the properties as Plaintiffs had been operating them since their acquisition in 1968. The Plaintiffs presented evidence establishing that the premises had been used as five (5) and six (6) family apartment buildings since their 1968 acquisition. The Plaintiffs presented numerous affidavits to the Zoning Board of Appeals and evidence from their closing of the rent rolls (Exhibit B) as of 1968. 9. The Plaintiffs submitted as part of their evidence an affidavit from the original builders daughter, Helen M. Nissley (Exhibit C) . This affidavit was the only evidence, submitted by anyone who had an actual personal knowledge of the interior configuration of the premises at the time of the construction (1948)\operative date of zoning 1951. 10. The Building Commissioners office has admitted that the accuracy and trustworthiness of the Town's own Assessor' s records are suspect at best, but nevertheless the office relied heavily upon those records in making its determination. 11. The Plaintiffs presented, in essence, the only evidence from personal knowledge, as to the original construction of the premises and the interior construction of the separate units prior to the effective date of zoning in the area (circa 1951) . 12. On or about September 15, 1999 the Defendant Zoning Board of Appeals, after making "findings of fact", voted unanimously to uphold the Building Commissioner's decision that a violation existed. 13. On or about September 24, 1999 the written Decisions of the Defendant Zoning Board of Appeals denying the Plaintiffs'. request to overturn the Building Commissioner were filed with the Office of the Town Clerk. Attested copies of those decisions are attached as Exhibits D and E. COUNT 1 14. The Plaintiffs restate and reallege all of the allegations set forth in Paragraphs 1 through 13 of the Complaint, inclusive as if fully set forth herein. 15. The Plaintiffs are aggrieved by the Decision of the Defendant Zoning Board of Appeals and the earlier decision of the Building Commissioner, and are therefore persons aggrieved within the meaning of Massachusetts General Laws Chapter 40A, Section 14. 16. The determination of the Building Commissioner and the Decisions of the Board of Appeals exceed their authority as follows: a. The determination and Decisions are 'based on legally untenable grounds and are otherwise arbitrary and capricious. b. The Decisions are defective on their face, in that the evidence presented at the public hearing establish that the Plaintiffs' and their predecessors in title have used the premises as five (5) and six (6) apartments since on or before 1951. C. The Zoning Board of Appeals own Decisions and excerps from .their own minutes recite the Board was at best confused as to the number of units present in the premises prior to 1951. d. The Town and its officials freely admit that they do not have records to accurately reflect the use y of the premises since the date of their construction. e. It is unduly unfair and unjust to require the Plaintiffs to bear the burden of producing evidence (beyond what they are capable of doing from their own records) as to what was constructed prior to 1951, almost 41 years after they were built. f. Notwithstanding the allegation in Subparagraph 6 of the Decisions entitled, Finding of Fact, the only "credible" evidence as to the original construction was in fact delivered in the form of an affidavit by Helen M. Nissley. WHEREFORE, the Plaintiffs respectfully request this Honorable Court to issue an order and judgment as follows: 1. That the Decisions of the Barnstable Zoning Board of Appeals exceeded their authority, actual knowledge, are fundamentally unfair, and therefore should be annulled. 2. Since the interior, separate kitchens, entrance ways and bathrooms have by the evidence admitted to by the Building Inspector, existed for more than ten (10) years, the Defendants should be precluded from ordering the removal of any interior improvements to the premises including but not limited to any removal of the separate kitchens and bathrooms and entrance ways that constitute the fifth and sixth units in the buildings. 3. To award the Plaintiff reasonable attorney's fees and costs in bringing this action. a 4. For such other and further relief as this Court may deem meet and just and proper under the circumstances as they are determined at trial. JURY CLAIM The Plaintiffs claim and hereby demand that all matters so triable before a jury, be tried as such before a jury. Respectfully submitted, WILLIAM H. CLARK and JEAN F. CLARK, Trustees of W. Clark Trust, Plaintiffs, by their attorney, Oenterville, J n on, Esquire . a h Road, Suite 4C MA 03632 (508) 790-5776 , BBO #252510 Date: October 14, 1999 A , t_ #4r riva .. . . Md Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1999-39-Clark Appeal Decision of Building Commissioner A TRUE COPY ATTEST Summary: Upheld Building Commissioner Petitioners: William H.&Jean F.Clark,Trustees of W.Cie Irk T6 )eavaz�� I Property Address: 164 Winter Street,Hyannis G' Assessors Map/Parcel: Map 309,Parcel 258 Town Clerk Area: 0.18 acre BARNSTABLE Zoning: RB Residential B Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of a 0.18 acre lot commonly addressed as,164 . Winter Street, Hyannis. It is improved with a two-story,2080 sq. ft. 5 unit multi-family residential .dwelling.' The applicants are the owners of the property but are-absentee landlords, residing in Falmouth. In a letters' dated December 17, 1998,the applicants were informed that the property is in violation of zoning and is. not allowed more than four family units. The applicants are appealing this decision of the Building Commissioner as defined in a letter dated December 17, 1998 which reads,'An investigation of the above referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately." The applicants contend that the premises is pre-existing nonconforming with regard to the structure and use. Zoning History: The property was first zoned RA in 1951 (ATM 3/5151,Art 97). In 1956, the property was rezoned to a RA-1 Zoning District(ATM 3/5-6/56,Art 42). Finally, in 1972 the zoning on the property was changed to its present RB zoning(ATM 4/5/72,ArL 126). Between 1951 and 1956, the RA District did permit two-family dwellings. Between 1956 and 1972,two- family dwellings were allowed only if authorized by the Zoning Board of Appeals. At no time were more than two-family dwellings permitted on the property since the adoption of zoning in this part of Hyannis. A review of ZBA records indicates that no prior action was taken on the property to allow more than a single- family residence. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 19, 1999. A 60 day and a 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 24, 1999 and continued to May 5, June 30, and September 15, 1999, at which time the Board upheld the decision of the Building Commissioner. ' According to Assessor's records dated 03/16/99 ' Town of Barnstable-Zoning Board of Appeals-Decision and Notice • Appeal No. 1999-39-Clark . Appeal Decision of Building Commissioner Hearing Summary: Board Members hearing this appeal were Gene Burman, Ron Jansson, Gail Nightingale,Tom DeRiemer, and Chairman Emmett Glynn. Attorney Stephen McKenzie represented the applicants,William and Jean Clark Edmond Flynn, an associate of the applicants,was present. Attorney McKenzie requested, and the Board agreed,to have both Appeal No. 1999-39 and Appeal No. 1999-40 heard together. Attorney McKenzie reported the applicants own these two houses and several other properties in this Town and throughout Massachusetts. When they bought this property in 1968, they were represented by an attomeywho checked the zoning for that time. Town records indicated the houses were built in 1930. When they bought the property in 1968,they were given the*rent rolls'by the previous owner which indicated the properties were used as 5 and 6 family homes-the.same as they are now used. They have not changed anything. Several affidavits were submitted to the file from people familiar with these properties. One of the affidavits is from Helen Nissley. It states, 'I am the daughter of August Rosenbaum,who constructed these apartments at 75 Charles(6 apts)and 164 Winter(5 apts) in 194V 'These buildings have always been used for this purpose(6&5 apts)since 1948." There is an affidavit from Richard Koppen. He indicated his wife lived at 75 Charles approximately 44 years ago. Attorney McKenzie reviewed the other affidavits submitted. As background to the enforcement issues, these cases were originally sent to the Barnstable District Court for criminal proceedings. Attorney McKenzie was able to move it back to this Board after speaking. to Jack Gillis, Division Supervisor of the Department of Health, Safety and Environmental Service for the Town of Barnstable. Mr. Gillis looked at the affidavits and information presented and was convinced these buildings were pre-existing nonconforming uses and structures: Mr. Gillis determined not to proceed with the court action Attorney McKenzie then.presented the infoimation to the Building Commissioner. However, he was'uncomfortatiV with-making a determination regarding these buildings and felt they should go before the Zoning Board of Appeals for a determination as to their nonconforming status. Based on the information submitted,Attorney McKenzie requested the Board overrule the Building Commissioner and issue a decision that these building are, in fact, pre-existing nonconforming. The Building Commissioner addressed the Board. He stated the 1971 Assessor's records for 164 Winter Street lists 2 family and 2 conversions for a four family dwelling. It lists the basement as empty. There are no building permits on file to show any change from.a four family to a six family. Mr. Crossen stated he has no municipal records that indicate anything beyond a four family and based on this research, he thinks this is a 4 family unit As for the property at 75 Charles Street, the old records also lists`2 family and 2 conversions for a four family dwelling. That house has a full basement In the current assessment it is listed as a four family. There are no building permits for this property to add any units and based on this information the Building Commissioner believes this to be a four family dwelling . The only information available is the affidavits and information supplied by Attorney McKenzie. Attorney McKenzie reminded the Board of the previous hearing this evening for another property where the Building Commissioner stated that most of the Town records"don't exist for most or almost all of the older houses'. He also testified that the"records aren't the best for apartment houses over ten years old and we must go with the benefit of the doubt' First the Building Department told Mr.McKenzie he could not rely on the Assessor's Records so he provided numerous affidavits, then the Town said they are relying on those same(1971)field cards. The Town is currently assessing these properties(and he is paying taxes for)a five family and a six family dwelling. The Board asked the Building Commissioner what triggered these cases since these houses have been occupied since 1930(69 years)as 5 and 6 family dwellings without any incidents or complaints. The Building Commissioner indicated there are different reasons. The Building Department actively follows multi-family dwellings to make sure they are properly permitted. Mr. Crossen was not sure what originally caused these properties to come to his attention. A Building Inspector went out in August of 1996 and this case has gone on actively between 1996 to the present Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No.1999-39-Clark Appeal Decision of Building Commissioner Attorney McKenzie again stated the applicants have owned these properties for 32 years. Zoning in that area changed 43 years ago and Mr. McKenzie questioned why this issue never came up in all that time. There has been one owner and no change to the premises. Various agencies within the Town(including the Building Department in 1995)have been inside the buildings and this issue never came up until now. For the record, both dwellings have only one electric meter for each house-not individual meters. Board Member Gene Burman thinks these units were built as fourplexes-not 5 or 6 family homes. He also asked about the affidavit from Mrs. Nissley where she lists the date built as 1948 not older. Attorney McKenzie indicated that was only as far back as she could remember but the"operative year" is 1951 (for the adoption of zoning for this area)and these homes were definately built before that date. The house next door at 74 Charles Street is also owned by the applicant and,that house is a four family. Attorney McKenzie reviewed the"rent schedule as of February 1, 1968"which he provided for the Board. Gail Nightingale asked if the homes could have been originally built as four units and then one unit divided into two studio units to give the total of five/six especially where the 1971 field card lists five bedrooms. The. old field card states,"entrance gained-2 studio apts and 3 one bedroom apts." Attorney McKenzie reported the property is well maintained. The buildings contain low income units, Section 8 people, and disabled persons. The applicants are good property owners in the Town and after 30+years have had no complaints. Public Comments: No one spoke in favor or in opposition to this appeal. The Boani asked if perhaps.the Building.Commissioner could perform an interior inspection and vie* each apartment to,see if he can:determine when they were built based on the materials and construction techniques. After his inspection he can report back to the,Board. Attorney McKenzie indicated the owner, will be amenable to this inspection and he will make the arrangements for this inspection.-Based on the Board's';desire for this inspection,Attorney McKenzie requested a continuance. The Board voted to continue Appeal Number 1999-39 and Appeal Number 1999-40 to May 05, 1999 at 7:30 PM. At the start of the hearing on May 5, 1999, Chairman Emmett Glynn read a letter, dated April 27, 1999, from Attorney McKenzie in which he requested Appeal No. 1999-39 and 1999-40 be continued. The Board voted to continue Appeal Number 1999-39 and Appeal Number 1999-40 to June 30, 1999 at 7:30 PM. Board Members hearing these appeals on June'30, 1999 were Gene Burman, Ron Jansson, Gail Nightingale,Tom DeRiemer, and Chairman Emmett Glynn. Attorney Jeffrey Johnson represented the applicants,William and Jean Clark. On June 24, 1999 the Building Commissioner addressed a memorandum to the Board based on his inspection(done.at the request of the Board). Attorney Johnson reviewed that document The Building Commissioner has concluded that"...the subdivision of the first floors...was clearly accomplished after the initial construction of the buildings." Attorney Johnson agreed the design of the houses may have only been for four units but no one can identify when the conversion was made. He reported the Clarks(the applicants) have owned the property for 31 years and when they bought the property,one was a five-unit apartment house and one was a six-unit apartment house. Attorney Johnson reminded the Board that the Town needs affordable housing in Hyannis. This is a good example. The property has been therefor a long time-thirty-one years. They rent to low income people and have never had a problem. Chairman Emmett Glynn also reviewed the memorandum of the Building Commissioner. Mr. Crossen does not mention the building materials and construction techniques used in the bathrooms perhaps because he was unable to make a determination with respect to their age. However, he did point out that 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No.1999-39-Clark Appeal Decision of Building Commissioner the plumbing style would have been something used later than the applicants allege. Attorney Johnson reminded the Board that there was a fire in one of the units and the plumbing was updated. Board Member Gene Burman stated he clearly remembers these buildings were built sometime in 1948/1949. The exact date may be questionable but it was definitely in 1948 or 1949-not in 1931 as the Town's Assessor's Card states. In 1951, the Town allowed duplexes in this area, as-of-right, but did not allow 5 or 6 unit buildings as-of-right Gene Burman stated he remembers these were built as duplexes. Attorney Johnson reminded the Board that it is hard to go back over the past 31 years to get precise information. The man who built the property is dead. They are retying on all the affidavits they have submitted. This is all the testimony that is available. The Board was concerned with the displacement of the tenants if they uphold the Building Commissioner and rule that these units should be converted back to fourplexes. While these appeals are before the .Zoning Board, the Building Department has(temporarily)stopped all enforcement action. The Board asked Gloria Urenas if she could check to see if there are any other old records, especially building permits, for these properties. They suggested these appeals be continued while she reviews the old town records. She indicated she will look through the Building Department records and the Assessor's records and report back to them. The Board decided to continue Appeal Number 1999-39 and Appeal Number 1999-40 to September 15, 1099 at 7:30 PM. Board Members hearing these-appeals on September 15, 1999 were.Gene Burman, Ron Jansson, Gail, Nightingale,Tom DeRiemer, and Chairman Emmett Glynn. Attorney Jeffrey,J.ohnsori represented`the applicants,William and Jean Clark. At the start of these hearings;Chairman Emmett Glynn read into the record a letter from the Building Commissioner dated September 15, 1999 which reads, `After a thorough search of all.Town Hall records involving 164 Winter Street and.75 Charles Street,we find no evidence to support the owner's claim that these were originally constructed as more than 4 family units. Our opinion remains the same. These structures were four family homes that in one case had a fifth unit added and in the other case a fifth and sixth unit added. We stand by our original determination." Gloria Urenas reported she did a lot of research to try to find some evidence to substantiate the owner's claim that the units were originally built as 5 and 6 unit dwellings. She researched the list of persons back to the 1970s and found there were never more than 4 tenants in these dwellings. No new evidence was submitted to the.Board[from anyone]to substantiate that these units were built as 5 orb unit dwellings. Findings of Fact: At the hearing of September 15, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-39: 1. The petitioners,William H.&Jean F. Clark,Trustees of W. Clark Trust, are appealing the Decision of the Building Commissioner. 2. The property in issue in Appeal Number 1999-39 is 164 Winter Street, Hyannis, MA, as shown on Assessor's Map 309, Parcel 258. The site is 0.18 acres in size and located in the RB Residential B Zoning District. 3. The property in issue in Appeal Number 1999-40 is 75 Charles Street, Hyannis, MA, as shown on Assessor's Map 309, Parcel 256. The site is 0.18 acres in size and located in the RB Residential B Zoning District 4. The premises at 164 Winter Street is currently being used as a 5 unit residential dwelling. The premises at 75 Charles Street is currently being used as a 6 unit residential dwelling. 4 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No.1999-39-Clark Appeal Decision of Building Commissioner 5. The principle permitted use allowed as-of-right in the RB Residential B Zoning District is a single- family residential dwelling. 6. For purposes of establishing nonconformity, this area of town was first zoned in 1951. In 1951,there is evidence that each of these units was built to contain four family units each. There has been no further credible evidence presented to the Board to establish that in 1951 these units were built with more than four units each. 7. The applicant is appealing the Decision of the Building Commissioner as defined in a letter dated December 17, 1998. These appeals were filed in a timely fashion. 8. Based on the evidence presented,the two units in issue do not have pre-existing nonconforming rights for 5 units and 6 units respectively. Decision: Based on the findings of fact, a motion was duly made and seconded to sustain the Decision of the Building Commissioner in Appeal No. 1999-39. The Vote was as follows: AYE: Gene Burman, Ron�Jansson, Gail Nightingale,Tom DeRiemer, and Chairman Emmett Glynn NAY: None Order.: In Appeal Number 1999-39,the Building Commissioner has been Upheld. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairman Date Signed wa Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 199940-Clark Appeal Decision of Building Commissioner A TRUE COPY ATTEST Summary: Upheld Building Commissioner Petitioners: William H.&Jean F.Clark,Trustees ofW.Clark Tn.yst� Property Address: 75 Charles Street,Hyannis IIGL G. Assessors Map/Parcel: Map 309,Parcel 256 Area: 0.18 acre Town Clerk Zoning: RB Residential B Zoning District BARNSTABLE Groundwater Overlay: AP Aquifer Protection District Background:. The property that is the subject of this appeal consists of a 0.18 acre lot commonly addressed as 75 Charles Street. Hyannis. It is improved with a two-story, 2080 sq.ft.6 unit multi-family residential dwelling.' The applicants are the owners of the property but are absentee landlords, residing in Falmouth. In a letter dated December 17, 1998,the applicants were informed that the property is in violation of zoning and is not allowed more than four family units. The applicants are appealing this decision of the Building Commissioner as defined in a letter dated December 17, 1998 which reads, "An investigation of the above referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately." The applicants contend that the premises is pre-existing nonconforming with regard to the structure and use. Zoning History: The property was first zoned RA in 1951 (ATM 3/5/51,Art. 97). In 1956, the property was rezoned to a RA-1 Zoning District(ATM 315-6156,Art.42). Finally,in 1972 the zoning on the property was changed to its present RB zoning (ATM 4/5/72,Art. 126). Between 1951 and 1956, the RA District did permit two-family dwellings. Between 1956 and 1972,two- family dwellings were allowed only if authorized by the Zoning Board of Appeals. At no time were more than two-family dwellings permitted on the property since the adoption of zoning in this part of Hyannis. A review of ZBA records indicates that no prior action was taken on the property to allow more than a single- family residence. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 19, 1999. A 60 day and a 90 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 24, 1999 and continued to May 5, June 30 and September 15, 1999, at which time the Board upheld.the decision of the Building Commissioner. According to Assessor's records dated 03/16/99 r Tow-of Bamstable-Zoning Board of Appeals-Decision and Notice Appear No. 19"40-Clark Appeal Decision of Building Commissioner Hearing Summary: Board Members hearing this appeal were Gene Burman, Ron Jansson, Gail Nightingale, Tom DeRiemer, and Chairman Emmett Glynn. Attorney Stephen McKenzie represented the applicants,William and Jean Clark Edmond Flynn, an associate of the applicants,was present. Attorney McKenzie requested, and the Board agreed, to have both Appeal No. 1999-39 and Appeal No. 1999-40 heard together. Attorney McKenzie reported the applicants own these two houses and several other properties in this Town and throughout Massachusetts. When they bought this property in 1968, they were represented by an attorney who checked the zoning for that time. Town records indicated the houses were built in 1930. When they bought the property in 1968, they were given the"rent rolls'by the previous owner which indicated the properties were used as 5 and 6 family homes-the same as they are now used. They have not changed anything. Several affidavits were submitted to the file from people familiar with these properties. One of the affidavits is from Helen Nissley. It states,"I am the daughter of August Rosenbaum,who constructed these apartments at 75 Charles(6 apts)and 164 Winter(5 apts)in 1948." "These buildings have.always been used for this purpose(6&5 apts)since 1948." There is an affidavit from Richard Koppen. He indicated his wife lived at 75 Charles approximately 44 years ago. Attorney McKenzie reviewed the other affidavits submitted. As background to the enforcement issues,these cases were originally sent to the Barnstable District Court for criminal proceedings. Attorney McKenzie was able to move it back to this Board after speaking to Jack Gillis, Division Supervisor of the Department of Health,Safety and Environmental Service for the ' Town of Barnstable. Mr. Gillis looked at the affidavits and information presented and was,convinced these buildings were pre-existing nonconforming uses and structures. Mr. Gillis determined not to, proceed with the court action. Attorney McKenzie then presented the information to the Building Commissioner. However, he was"uncomfortable"with making a determination regarding these buildings` and felt they should go before the Zoning Board of Appeals for a determination as to their nonconforming status. Based on the:information submitted,Attorney McKenzie requested the Board.overrule the Building Commissioner and issue a decision that these building are, in fact, pre-existing nonconforming. The Building Commissioner addressed the Board. He stated the 1971 Assessor's records for 164 Winter Street lists 2 family and 2 conversions for a four family dwelling. It lists the basement as empty. There are no building permits on file to show any change from a four family to a six family. Mr. Crossen stated he has no municipal records that indicate anything beyond a four family and based on this research, he thinks this is a 4 family unit. As for the property at 75 Charles Street,the old records also lists 2 family and 2 conversions for a four family dwelling. That house has a full basement. In the current assessment it is listed as a four family. There are no building permits for this property to add any units and based on this information the Building Commissioner believes this to be a four family dwelling ..The only information available is the affidavits and information supplied by Attorney McKenzie. Attorney McKenzie reminded the Board of the previous hearing this evening for another property where the Building Commissioner stated that most of the Town-records'don't exist for most or almost all of the older houses". He also testified that the"records aren't the best for apartment houses over ten years old and we must go with the benefit of the doubt' First the Building Department told Mr. McKenzie he could not rely on the Assessor's Records so he provided numerous affidavits, then the Town said they are relying on those same(1971)field cards. The Town is currently assessing these properties(and he is paying taxes for)a five family and a six family dwelling. �. The Board asked the Building Commissioner what triggered these cases since these houses have been occupied since 1930(69 years)as 5 and 6 family dwellings without any incidents or complaints. The Building Commissioner indicated there are different reasons. The Building Department actively follows multi-family dwellings to make sure they are properly permitted. Mr. Crossen was not sure what originally caused these properties to come to his attention. A Building Inspector went out in August of 1996 and this case has gone on actively between 1996 to the present. 2 r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No.1999-40-Clark Appeal Decision of Building Commissioner Attorney McKenzie again stated the applicants have owned these properties for 32 years. Zoning in that area changed 43 years ago and Mr. McKenzie questioned why this issue never came up in all that time: There has been one owner and no change to the premises. Various agencies within the Town (including the Building Department in 1995) have been inside the buildings and this issue never came up until now. For the record, both dwellings have only one electric meter for each house-not individual meters. Board Member Gene Burman thinks these units were built as fourplexes-not 5 or 6 family homes. He also asked about the affidavit from Mrs. Nissley where she lists the date built as 1948 not older. Attorney McKenzie indicated that was only as far back as she could remember but the noperative year"is 1951 (for the adoption of zoning for this area)and these homes were definately built before that date. The house next door at 74 Charles Street is also owned by the applicant and that house is a four family. Attorney McKenzie reviewed the'rent schedule as of February 1, 19680.which he provided for the Board. Gail Nightingale asked if the homes could have been originally built as four units and then one unit divided into two studio units to give the total of five/six especially where the 1971 field card lists five bedrooms. The old field card states, "entrance gained-2 studio apts and 3 one bedroom apts.' Attomey McKenzie reported the property is well maintained. The buildings contain low income units, Section 8 people,and disabled persons. The applicants are good property owners in the Town and after 30+years have had no complaints. Public Comments: No one spoke in favor or in opposition to this appeal. The Board asked if perhaps the Building Commissioner'could perform an interior inspection and view:, each apartment to see if he Pan.determine when they were built based on the materials.and construction techniques. After his inspection he can report back to the Board. Attorney McKenzie indicated the owner will be amenable to this inspection and he will make the arrangements for this inspection. Based on the Board's desire for this inspection,Attorney McKenzie requested a continuance. The Board voted to continue Appeal Number 1999-39 and Appeal Number 1999-40 to May 05, 1999 at 7:30 PM. At the start of the hearing on May 5, 1999, Chairman Emmett Glynn read a letter, dated April 27, 1999, from Attorney McKenzie in which he requested Appeal No. 1999-39 and 1999-40 be continued. The Board voted to continue Appeal Number 1999-39 and Appeal Number 1999-40 to June 30, 1999 at 7:30 PM. Board Members hearing these appeals on June 30, 1999 were Gene Burman, Ron Jansson, Gail Nightingale, Tom DeRiemer, and Chairman Emmett Glynn. Attorney Jeffrey Johnson represented the applicants,William and Jean Clark. On June 24, 1999 the Building Commissioner addressed a memorandum to the Board based on his inspection(done at the request of the Board). Attorney Johnson reviewed that document. The Building Commissioner has concluded that°...the subdivision of the first floors...was clearly accomplished after the initial construction of the buildings.° Attorney Johnson agreed the design of the houses may have only been for four units but no one can identify when the conversion was made. He reported the Clarks (the applicants)have owned the property for 31 years and when they bought the property, one was a five-unit apartment house and one was a six-unit apartment house. Attorney Johnson reminded the Board that the Town needs affordable housing in Hyannis. This is a good example. The property has been there for a long time-thirty-one years. They rent to low income people and have never had a problem. Chairman Emmett Glynn also reviewed the memorandum of the Building Commissioner. Mr. Crossen does not mention the building materials and construction techniques used in the bathrooms perhaps because he was unable to make a determination with respect to their age. However, he did point out that r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No.199940-Clark Appeal Decision of Building Commissioner the plumbing style would have been something used later than the applicants allege. Attorney Johnson reminded the Board that there was a fire in one of the units and the plumbing was updated. Board Member Gene Burman stated he clearly remembers these buildings were built sometime in 1948/1949. The exact date may be questionable but it was definitely in 1948 or 1949-not in 1931 as the Town's Assessor's Card states. In 1951,the Town allowed duplexes in this area, as-of-right, but did not allow 5 or 6 unit buildings as-of-right Gene Burman stated he remembers these were built as duplexes. Attorney Johnson reminded the Board that it is hard to go back over the past 31 years to get precise information. The man who built the property is dead. They are relying on all the affidavits they have submitted. This is all the testimony that is available. The Board was concerned with the displacement of the tenants if they uphold the Building Commissioner and rule that these units should be converted back to fourplexes. White these appeals are before the Zoning Board,the Building Department has(temporarily)stopped all enforcement action. The Board asked Gloria Urenas if she could check to see if there are any other old records, especially building permits, for these properties. They suggested these appeals be continued while she reviews the old town records. She indicated she will look through the Building Department records and the Assessor's records and report back to them. The Board decided to continue Appeal Number 1999-39 and Appeal Number1999-40 to September 15, 1999 at 7:30 PM. Board Members hearing these appeals on September 15, 1999 were`Gene Burman, Ron Jansson,Gail Nightingale,Tom DeRiemer,'and Chairman Emmett Glynn. Attorney Jeffrey Johnson represented the applicants,William and Jean Clark.At the start of these hearings, Chairman Emmett Glynn read into the record a letter from the Building Commissioner dated September 15, 1999 which reads, 'After a thorough search of all Town Hall records involving 164 Winter Street and 75 Charles Street,we find no evidence to support the owner's claim that these were originally constructed as more than 4 family units. Our opinion remains the same. These structures were four family homes that in one case had a fifth unit added and in the other case a fifth and sixth unit added. We stand by our original determination.' Gloria Urenas reported she did a lot of research to try to find some evidence to substantiate the owner's claim that the units were originally built as 5 and 6 unit dwellings. She researched the list of persons back to the 1970s and found there were never more than 4 tenants in these dwellings. No new evidence was submitted to the Board[from anyone]to substantiate that these units were built as 5 or 6 unit dwellings. Findings of Fact: At the hearing of September 15, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-40: 1.. The petitioners,William H. &Jean.F. Clark,Trustees of W. Clark Trust, are appealing the Decision of the Building Commissioner. • � 2. The property in issue in Appeal Number 1999-39 is 164 Winter Street, Hyannis, MA, as shown on Assessor's Map 309, Parcel 258. The site is 0,18 acres in size and located in the RB Residential B Zoning District 3. The property in issue in Appeal Number 1999-40 is 75 Charles Street, Hyannis, MA, as shown on Assessor's Map 309, Parcel 256. The site is 0.18 acres in size and located in the RB Residential B Zoning District. 4. The premises at 164 Winter Street is currently being used as a 5 unit residential dwelling. The premises at 75 Charles Street is currently being used as a 6 unit residential dwelling. l . of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal No. 1999L10-Clark Appeal Decision of Building Commissioner 5. The principle permitted use allowed as-of-right in the RB Residential B Zoning District is a single- family residential dwelling. 6. For purposes of establishing nonconformity, this area of town was first Zoned in 1951. In 1951, there is evidence that each of these units was built to contain four family units each. There has been no further credible evidence presented to the Board to establish that in 1951 these units were built with more than four units each. 7. The applicant is appealing the Decision of the Building Commissioner as defined in a letter dated December 17, 1998. These appeals were filed in a timely fashion. 8. Based on the evidence presented, the two units in issue do not have pre-existing nonconforming rights for 5 units and 6 units respectively. Decision: Based on the findings of fact, a motion was duly made and seconded to sustain the Decision of the Building Commissioner in Appeal No. 1999-40. The Vote was as follows: AYE: Gene Burman, Ron Jansson, Gail Nightingale,Tom DeRiemer, and Chairman Emmett Glynn NAY: None Order: ; In Appeal Number 1999.40,the Building Commissioner has been Upheld. Appeals of this decision,.if any, shall be made pursuant to MGL Chapter 40A, Section 17,,-within twen (20)days after the date of the filing of this decision. k6opy of which must be filed in the office of the Town Clerk Emmett Glynn, Chairman Date Signed f 1 1 3 1 1 . . �; The Town of Barnstable EIAMSTMM 9Kma �0� Department of Health, Safety and Environmental Services FD 39. h Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 17, 1998 Stephen O. McKenzie Attorney At Law 200 Main Street Suite C Falmouth,MA 02540 Re: 75 Charles Street, Street, Hyannis(309 256) Dear Attorney McKenzie: An investigation of the above-referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately. You have the right to appeal if you so choose. If you decide to appeal,we will be happy to assist you in any way we can. Sincerely, Ralph M. rossen --� Building Commissioner RMC/lbn g980902c • Thursday, December 17, 1998 BARNSTABLE DISTRICT COURT DAILY LIST Page 1 rime Event Case No. Defendant Name PCF Na. PD Counsel Judge ProbOHcr Case Aga Ca08fr * �� m 00 -4 35A t AGISTRATE tTF.ARINGS .. 01 BAR WFE 9825AC0168 ADLER, WILLIAM F ~ 2:OOP cH 1 275/2 THREAT TO COMMIT CRIME 0 521367 BAR ORC 2:OOP CH 9825AC015468 AGNELLO, PHILIP J LARCENY BY CHECK UNDER $250 1 266/37/8 pe Docket Numbers in Warrant Status ,. 9625CR000081 `n 0 9825CR000254 °D 9825CROO1800 o 1915325 BAR ORC 2:OOP CH 9825AC015220 ASDOT,I DANIEL J /A LARCENY OVER $250 0 N r 1915325 BAR ORC CIS2:OOP CH 9825AC015609 ASDOT, IDAN268/13B/A WITNESS, INTIMIDATE BAR ORC 2:00P CH 9825AC015627 BENTLE1 C2REY 66/30/A LARCENY OVER $250 2 265/43/A STALKING 3 275/2 THREAT TO COMMIT CRIME 4 266/127/C DESTRUCTION OF PROPERTY —$250, MALICIOUS BAR ORC 2:OOP CH 9825AC015469 BERTOC1HI.26HERYL 6/37/B LARCENY BY CHECK UNDER $250 BAR ORC 2: OOP CH 9825ACp15602 BUNSHAFT, 266/30A/D SHOPLIFTING BY CONCEALING MDSE =2-:OOPH 9825AC010574 CC -,j-LA BAR ORC Eh�6.6:6:6:6=6 —MI SGEL-LANEOUS=hNNICsORD3NAfJCE%SYwkw—V'LGL� 2 6666-6=6 1LZSCEL6AHIE0USy_MUN=L-C_ORDI-NANCE-/BYLAW�V 9L== 2004942 BAR ORC 2:OOP CH 9825AC015800 COELHO1 AL90/24/EESSANDRO O NEGLIGENT OPERATION OF MOTOR VEHICLE 2 90/10/A UNLICENSED OPERATION OF MV 3 90/25/D POLICE OFFICER, FALL STOP FOR BAR ORC 2:OOP CH 9825AC015466 DAVIS, IBONNIE 66/37/A LARCENY BY CHECK OVER $250 BAR ORC 2:00P CH 9825AC015648 DEVEN81, JENNIFER 90/24/E NEGLIGENT OPERATION OF MOTOR VEHICLE 2:0OP CH 982SAC015465 GALLANT, JOSEPH E BAR ORC 0 0 k Y!=WARRANT I-ANOTHER CASE TODAY F-ANOTHER OPEN CASE fU UST 12)tor9e I t.42 AM 8 BARNSTABLE DISTRICT COURT DAILY LIST Page 2 199 Thursday, December 17, `v pCFNo. PO Counsel Time Event Case No. Defendant Name Judge PwbOlfu Case Age CODBk • ' oho I 266/37/B LARCENY BY CHECK UNDER $250 WFE BAR .. 2:OOP CH 9825AC015585 GEGGAT1, 590�29/E NEGLIGENT OPERATION OF MOTOR VEHICLE r a BAR ORC o 2:OOP CH 9825AC015668 HEAP, PATRIICI23PD LICENSE SUSPENDED, OP 14V WITH 2:00P CH 9825AC015464 HIGGINS JR. , JOHN T 780464 BAR ORC 1 266/37/B LARCENY 8Y CHECK UNDER $250 ►- o BAR ORC 2:00P CH 9825AC015463 JOHNSON, BRUCE S LARCENY BY CHECK UNDER $250 w 1 266/37/B N BAR ORC o 2 :OOP CH 9825AC015677 KEPINEDY, CHERI AN[JB 1 265/13A/B AtxB w BAR ORC 2:00P CH 9825AC015462 KROMELBEIN266/37/BA A LARCENY BY CHECK UNDER $250 BAR ORC 2:00P CH 9825AC015461 LENA, ANTHONY LARCENY BY CHECK UNDER $250 1982480 BAR ORC 2:OOP CH 4825AC015629 LOZADAI AR90/23/D LICENSE SUSPENDED, OP 14V WITH BAR ORC 2:OOP CH 9825AC015628 MARCELit]0. ERTO 266l30/A LARCENY OVER $250 BAR ORC 2:OOP CH 9825AC015626 MONTEL1 6/3 O, BR LARCENY OVER $250 2 265/43/A STALKING 3 274/6 ATTEMPT TO COM4IT CRIME 4 275/2 THREAT TO COMMIT CRIMR 5 266/127/C DESTRUCTION OF PROPERTY -$250, MALICIOUS BAR ORC 2:OOP CH 9825AC015458 NOLAN, IERI266/37/B LARCENY BY CHECK UNDER $250 BAR ORC 2:OOP CH 9825AC015457 SMITH, 1KENNH 266/37/B LARCENY BY CHECK UNDER $250 ' * End of Magistrate Hearing Calendar ' 0 0 * W.YYARRAM -ANOTHER CASE TODAY F-ANO�VQR OPEN CASE �, LIST 12ijaSe 11;42 AM oF� . The Town of Barnstable • snaxsrneM Department of Health Safety and Environmental Services � �a39• � 'OrFDMA'��' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEMORANDUM DATE: June 24, 1999 TO: Emmett F.Glynn,Chairman,Zoning Board of Appeals FROM: Ralph M.Crossen,Building Commissioner RE: Clark properties 164 Winter Street,Hyannis 75"CharlesStreet,_Hyannis--j An inspection was undertaken at the above properties pursuant to your request several weeks ago. The inspection entailed an evaluation of the plumbing system as well as the room configuration in order to determine if illegal apartments were added prior to or after the Clark's ownership. What I found clearly indicated to me that the subdivision of the first floors in two out of three of the buildings was clearly accomplished after the initial construction of the buildings. The demising wall in both cases was built right over a slant fin heating unit. This proves that the wall went in after the heating unit,thereby increasing the downstairs units in one building from two units to four and the downstairs units in the second building from two units to three. The plumbing showed copper soldering much later in age than the original construction plumbing. It was clear that the two illegal apartments in one building and one in the second building were added after the original construction,as we had thought There is no way of knowing with certainty whether the Clarks were responsible for this modification. However,it is clear that the modification was not part of the original construction. If you need any further assistance,I will be glad to provide it. cc: Alan Twarog,Associate Planner g990624a l °FTMe The Town of Barnstable ARMS MM • 163Q �0� Department of Health Safety and Environmental Services ,eriro�,�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CASE SUMMARY ZONING DISTRICT. RB ASSESSORSMAP# 309 DATE 3/3(ll98 ASSESSORSPARCEI # 256 PROPERTY ADDRESS: 75 Charles Street Hyannis, Mass. 02601 OWNER(S) OF RECORD: William & Jean Clark ALLOWED USE: Four(4) Residential Units CURRENT USE VIOLATION: Six(6) Residential Units. HISTORY • 3/31/97 Inspection performed by Alfred Martin revealed existence of 6 units. • 4/11/97 Certified Notice of Violation and correction alternatives sent to owner. • 4/25/97 Certified Notice of non-compliance and the Town's intent to pursue court action. 4/29/97 Letter in response from Linda Clark. • 8/22/97. Re-inspection performed by Ralph Jones revealed 6 units. • 8/27/97 Letter.and notice of the Town's intent to pursue a complaint @ District Court from Jack Gillis,Division Supv.,Dept.of Health Safety & Environmental Services,Consumer Affairs Division. • 12/9/97 Matter referred to Jack Gillis to pursue Court action due to no resolution. Verification of tenants. cs309.256 � �sn- Town of Barnstable Department of Health, Safety, and Environmental Services Consumer Affairs Division �"T 230 South Street, P.O. Box 2430 Hyannis, MA 02601 Office: 508-862-4672 • 1ARNS1AaLE, • Fax: 508-778-2412 y MAS3 1659. �ArFDMP.�A Jack Gillis, Supervisor September 16, 1998 William and Jean Clark Harbor Ridge Road North Falmouth, MA 02556 Re: Town of Barnstable vs. Clark 75 Charles Street, Hyannis M309/P256 Please note that the above referenced matter scheduled for September 10, 1998 at 2:00 PM has been granted a continuance. The Barnstable First District Court has scheduled December 17, 1998, at 2:00 PM to hear your case. If you should have any question regarding the above reference matter, please feel free to contact my office. Respectfully, Jack ' lis Div' i n Supervisor JG/Ifl cc: Attorney McKenzie Ralph Crossen,Building Commissioner j/court/98clark.doc "E The Town of Barnstable • snxxsrnBi.E, • 9� ' � Department of Health, Safety and Environmental Services 'OrEo Ma+°i Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 2, 1998 William and Jean Clark Harbor Ridge Road North Falmouth, MA 02556 Re: 75 Charles Street, Hyannis (309 256) Dear Mr. and Mrs. Clark: An investigation of the above-referenced property shows that the use beyond four family units is in violation of zoning and must cease immediately. You have the right to appeal if you so choose. If you decide to appeal, we will be happy to assist you in any way we can. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn A:7�) � g980902b J TRANSMISSION VERIFICATION REPORT TIME: 01/02/1995 01:03 NAME: FAX TEL DATEJIME 01/02 01:02 FAX NO./NAME 97782412 DURATION 0 0: 00:41 PAGES; 02 RESULT OK MODE STANDARD ECM r f cf the r The Town of Barnstable • anaivsUBM - 9� 619. � Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: ATTN:FAX NO: FROM: DATE: PAGE(S): j (EXCLUDING COVER SHEET) �THE tpy,_ The Town of Barnstable .aterrsensc.& • '6 �0�' Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CASE SUMMARY ZONING DISTRICT RB :::::::::ASSESS::RS MAP#' 309.. DATE.... 3/3({98 ASSESORS!IrARCEL# 256 PROPERTY ADDRESS: 75 Charles Street Hyannis,Mass. 02601 OWNER(S) OF RECORD: William & Jean Clark ALLOWED USE: Four(4) Residential Units CURRENT USE VIOLATION: Six(6) Residential Units. HISTORY • 3/31/97 Inspection performed by Alfred Martin revealed existence of 6 units. • 4/11/97 Certified Notice of Violation and correction alternatives sent to owner. • 4/25/97 Certified Notice of non-compliance and the Town's intent to pursue court action. • 4/29/97 Letter in response from Linda Clark. • 8/22/97. Re-inspection performed by Ralph Jones revealed 6 units. • 8/27/97 Letter and notice of the Town's intent to pursue a complaint @ District Court from Jack Gillis,Division Supv.,Dept.of Health Safety& Environmental Services,Consumer Affairs Division. • 12/9/97 Matter referred to Jack Gillis to pursue Court action due to no resolution. Verification of tenants. cs309.256 °F ZNE 1� . � The Town of Barnstable MRNSTABM 659. Department of Health Safety and Environmental Services AtEDMA�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CASE SUMMARY ZONING DISTRICT: . ASSESSORS MAP# JO 9 DATE: ''�7—�� ASSESSORS PARCEL# 45- PROPERTY ADDRESS.: OWNER(S) OF RECORD: ALLOWED USE: CURRENT USE VIOLATION:. HISTORY • Y)a 7/97 �cd '41 IL 44 33 NORTH MAIN STREET FALMOUTH, MA 02540 TELEPHONE (508) 548-3722 �,�, FAX (508) 540-5597 FitI E , TOWN OF BARNSTABLE WEIGHTS AND&4EASURES August 29 , 1997 LICE"NSi Town of Barnstable Mr . Jack Gillis Dept . of Health, Safety & Environmental Services P . 0. Box 2430 Hyannis , MA 02601 Re : Letter dated 8/27/97 Dear Mr . Gillis , Please be advised that on 4/29/97 , I did in fact respond to the initial notice from the Zoning Dept . regarding 75 Charles St . and 164 Winter St . Hyannis , MA. Enclosed you will find a copy of this said response addressed to Ms . Gloria Urenas of the Zoning Dept . Please contact me after reviewing this letter . Sincerely, Linda Clark J Town of Barnstable Department of Health, Safety, and Environmental Services pF1HE roy, Consumer Affairs Division ti 230 South Street, P.O. Box 2430 B" 'STAB , ' Hyannis, MA 02601 Tel: 508-790-6250 9 MASS. Y �At 1639. A�0 Fax: 508-778-2412 Fp Mp2l Jack Gillis Supervisor August 27, 1997 William Clark Harbor Ridge Road North Falmouth, MA 02556 Re:75 Charles Street,Hyannis,MA 02601 Map/parcel 309/256 Dear Property Owner: The Building Division of the Town of Barnstable has attempted to resolve the zoning issue regarding your property. The division records show no response to date. The matter has been turned over to my office for criminal court action. If no response is made within seven (7) days from the date of this letter, we will seek a criminal complaint in Barnstable First District Court to resolve this issue. If you have any questions regarding this matter, please do not hesitate to call me at (508) 790- 6250. Sincerely, Jack Gillis Division Supervisor JG:Ifl Wj/building/clark I APPLICATION NUMBER(COURT USE ONLY) APPLICATION D� ADULT Court of Massachusetts 1 FOR COMPLAINT ❑ JUVENILc qii�sltrict Court Department The within named complainant requests that a complaint issue ❑ARREST R REQUEST HEARING COURT DIVISION against the within named defendant,charging said defendant with the offense(s)listed below. ❑REQUEST ❑ REQUEST SUMMONS WARRANT (one or more felonies) NO.COUNTS POLICE DEPT.CODE POLICE INCIDENT NO. OFFENSE DATE OFF.LOCATION CODE ARREST DATE CITATION N0.(if applicable) LAST NAME FIRST NAME MIDDLE NAME Clark William ALIAS NAME(LAST,FIRST,MI) STREET ADDRESS Harbor Ridge Road CITY STATE ZIP HOME PHONE North Falmouth MA 02556 CITY OF BIRTH STATE OF BIRTH SID NO. PCF NO. LICENSE STATE MARITAL STATUS SEX ETHNICITY HEIGHT WEIGHT COMPLEXION HAIR EYES FT IN LBS v h w EOFFNSEI(+IFORMATION � e_r .... ,_ .�. _.,2. ��., :.....�,. CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 1, C3 Sl .l �Violation of Town of Rarnstahlp VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUESTANCEIfYPE&VALUE OF PROPERTY/OTHER VARIABLE) Re: 164 & 75 Winter CHAP./SEC./SUB. DESCRIPTION OFFENSE 2. /��/256 VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 3. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) CHAP./SEC./SUB. DESCRIPTION 7777 E 4. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE&VALUE OF PROPERTY/OTHER VARIABLE) IS DEFENDANT IF NOT IN CUSTODY,BAILED TO COMPLAINANT(OFFICER CODE OR NAME AND ADDRESS) CO-DEFENDANT NAME(S)IF ANY IN CUSTODY? Jack Gillis YES 0 NO = M. Consumer Affairs DATE TIME 230 South Street WITNESS(ES)(OFFICER CODE(S)OR NAME(S)AND ADDRESS(ES). Hyannis, MA 02601 NAME AND ADDRESS OF EMPLOYER(S)OF DEFENDANT MOTHER'S MAIDEN NAME(LAST,FIRST,MI) FATHER'S NAME(LAST,FIRST,MI) I EMPLOYER PHONE DEFENDANT WORK PHONE OCCUPATION DESCRIPTION OF INCIDENT(or attach on separate page) X n- - 2/17/98 IGNATURE OF COMPLAINANT DATE DC-CR2A(8/93) 611 33 NORTH MAIN STREET FALMOUTH, MA 02540 TELEPHONE (508) 548-3722 FAX (508) 540-5597 April 29 , 1997 The Town of Barnstable Ms . Gloria M. Urenas Zoning Enforcement Officer 367 Main Street Hyannis , MA 0260' Re : 164 Winter St . Hyannis , MA (M-309/P-258 ) 75 Charles St . Hyannis , MA (M-309/P-256 ) Dear Ms . Urenas , After receiving your certified letter on April 20 , 1997 , I was in the process of researching this matter as I have no knowledge of our two dwellings allegedly being illegal . Only eight days later , on April 28 , 1997 we received another certified letter stating I have chosen to ignore your request to prove these buildings comply with the Barnstable Zoning Ordinances . Firstly, we were not given adequate response time , from the - first letter of notification to the second letter , which now states the Town is currently seeking a complaint in District Court . Secondly, I find it difficult to believe that these two dwellings were purchased back in March of 1968 , as 5 and 6 family apartment buildings and have been operating as such for the past 30 years with no objections from the Town. Then all of a sudden on April 20 , 1997 you have decided we have to prove to you that these are so called legal apartment buildings within an 8 day period. Thirdly, as I stated previously, I have no knowledge of these buildings being so called illegal . Obviously you know something I do not , therefore I am requesting that you prove to me why these apartment buildings are so called illegal . If you should havE any questions regarding this matter , I can be contacted at ( 508 ) 548-3722 . I look forward to your reply . Sincerely, Linda Clark SENDER: I also wish to receive A:o ■Complete items 1 and/or 2 for additional services. w ■Complete items 3,4a,and 4b. following services(for an y ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ai > ■Attach this form to the front of the mailpiece,or on the back if space does not 1. El Addressee's Address permit. d ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery rn r ■The Return Receipt will show to whom the article was delivered and the date 0 C delivered. Consult postmaster for fee, . 0 M 33.. 'Article Addressed to: 4a.Article Number c �J r - 4b.Service Type 4«'� ❑ Registered ❑ Certified of Cn ❑ Express Mail ❑ Insured c ' N ep . ❑ Retum Receipt for Merchandise ❑ COD 7.Date of Delive z — o, 5.Received By:(Print Name) 8.Addressee's Address(Only if requested c W and oc fee is paid) t f— g 6.Signatyre dressee or t).. . o fi' + i _ ;, liiiti N PS Forfr3811, December 1994 Domestic Return Receipt rl UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid I USPS Permit No.G-10 I • Print your name, address, and ZIP Cade in this box • Town of Barnstable Buliding Division 367 Main St. Hyannis,MA 02601 I I ttt,,,,,t,tit„t�,,,,,;t�„i►,t,i,,,,���,ti,,,i�„t,,,tt,,,it P 339 592 281 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to St at&Number Post office State,&ZIP Code a Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to whom&Date Delivered Q Return Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ Postmark or Date 0 U- rn 0. Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service a window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the Q) return address of the article,date,detach,and retain the receipt,and mail the article. w 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. d 4. If you want delivery restricted to the addressee, or to an authorized agent of the A addressee,endorse RESTRICTED DELIVERY on the front of the article. GO M 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. LL l 6. Save this receipt and present it if you make an inquiry. a r r e .Town of Barnstable ' • s�uvsrnstE, • ,�' Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner , April 25, 1997 Mr.William Clark Harbor Ridge Road Nnrth Falmnnth,MA 02556 RE: 75 Charles Street,Hyannis,MA Map/Parcel 309-256 Dear Property Owner: We are sorry you have chosen not to cooperate with this office in restoring your home to a four family dwelling. Since you do not want to comply to the Zoning Board of Appeals,we are forced to seek a complaint in District Court. Sincerely, Gloria M.Urenas Zoning Enforcement Officer GMU:Ib CERTIFIED MAIL P 339 592 281 ' g970115a -Z 348. 631 894 • Receipt for Certified Mail' !Jo Insurance Coverage Provided UNiTE�OST�I« � o not use for International Mail MSTAI SFwv E (See Reverse) � ent tq - f� t St re t and No. .D.,Stat and ZIP Code ,row p, �r Postage av) $ E Certified Fee L �1 Special Delivery Fee rn a TstrEC,e�`LDtel,very;aee -Re urn gR cei`gfl� owmh—g'f to Whom&Date Delivered Return Receipt Showing to Whom, Date,and Addressee's Address TOTAL Postage $&Fees y1 Postmark or Date I . STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). m 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to p your rural carrier(no extra chargel. pa I •. 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the returr address of the article, date, detach and retain the receipt, and mail the article. t 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed Co ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. �C 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, ? endorse RESTRICTED DELIVERY on the front of the article. 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If W return receipt is requested,check the applicable blocks in item 1 of Form 3811. CO 6. Save this receipt and present it if you make inquiry. 105603-e3-B-0210 OF WE Ike Town of Barnstd le snRtvsrnBte, `1 ,agg' Department of Health Safety and Environmental Services �u�" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 11,1997 Mr. William Clark Harbor Ridge Road North Falmouth,MA 02556 RE: 75 Charles Street,Hyannis,MA (M-309/P-256) Dear Property Owner: Our records indicate that your house at,75 Charles Street,Hyannis,MA,is currently being used as a six family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a four family home 2) apply to the Zoning Board of Appeals for a variance 3) prove that this is a legal six-family You must contact this office immediately to tell us what direction you wish to take. Sincerely, (7��- ' Gloria M.Urenas Zoning Enforcement Officer GMU:Ib CERTIFIED MAIL-Z 348 631 894 f9703IIa TOWN OF BARNSTA33LZ REPORT PLEMENTARY/CONTI;; A*N REPORT NAME (LAST, ?IRSTI MIDDLE) DIVISION /DaPT NOTE DETAILS i OBSERVATIONS—ITEMIZE EVIDENCE, SERIAL IS ETC' ZJ1-44A -h� 41?2r 9:21IV r PAGE 8 .. ....... ...... r. .. r ...'.i;r.i�.%. ,.�•... .�....r�l_,��-: r�.:r al�....•....�la✓i.J..'•.tJte�:\:..•.....���.:.li�bwr.1�:.::��i..�J. . �i•i...l...i�.•.�i.4.�:a• .b.f..��.r:, g!O�R OF 888N8T8SI+39, - OR g�p0$T XWOYct+ � py� gBY/QO BQ ® omszox iSlIS (LASS. ?fm. � • J03L Dt17lZL i =OXS-ZZ' x= EpZDE=- sRZ71L fS E?C. �" C L� i OFZFIE . The Town of Barnstable • snxivsTnsic. • 9� MAS&1659. Department of Health Safety and Environmental Services AtFDtinA'lA Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner November 14, 1995 Mr.H. William Clark Clark Enterprises 33 North Main Street Falmouth,MA 02540 RE: 75 Charles Street,Hyannis,MA Dear Mr. Clark: This letter is a follow up to our meeting on Wednesday,November 8, 1995 at your property. My inspection of the block wall foundation at this location revealed serious structural defects to the entire perimeter. Subsequently,it was discovered that two other properties owned by you, 164& 170 Winter Street,also had the same structural defects. These defects,if left unaddressed,could lead to complete structural failure and result in serious injury or possible death to those tenants occupying the property. It is imperative that these defects be addressed and corrective measures be taken immediately. You expressed that you would work with this office and do whatever had to be done in order to rectify these problems. Please contact a structural engineer and have them issue a report on potential solutions and forward a copy to this office. Thank you in advance for your continued cooperation. Sincerely, Richard Stevens Building Inspector RS:lb g951114a 0,FTXE lQ 1Ae Town of BarnstAle �9 BARNSTABLE.� Department of Health Safety and Environmental Services MASS. ' '0' Building Division 367 Main Street,Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner 0 � 'g J Inspection Correction Notice Type of Inspection \'\A'. _:k 1-\ �L � Location S Permit Number e a Owner r�-rm Builder 0 One notice ro remain� -T bsite, one notice on file in Building Department. The following items need correcting: KA 4 i l l.� o 2-.s Please call: 508-790-6227 for reeinspection. Inspected by 12- Date ` y Book 612 Page 118 FORM 0.3 tea. Tranzfer, Certificate of Title. Doc. No. 241,609 f Ctf. No. 7 5 6 2 8 From Transfer Certificate No. 42269 Originally Registered March 18, 1968 in Registration Book 334 Page 119 for the Registry District of Barnstable County. Tbig i� to Tertifp that William H. !Clark and Jean F. Clark, Trustees of the "W. Clark Trust" under a Declaration of Trust dated July 1, 1978 being Document No. 241,611, of Harbor Ridge Road, North Falmouth, Barnstable County, Massachusetts 02556, are ' the owner (s) in fee simple. of that land situated in Barnstable (Hyannis) in the County of Barnstable and Commonwealth of:Massachusetts, bounded and described as follows: Northwesterly by Winter Street, seventy .(70) feet; Northeasterly by Lot 12-F, one hundred twenty and 73/100 (120.73) feet; Southeasterly by Grove Street, sixty-five (65) feet; and Southwesterly by Lot 12-D, one hundred twelve and 21/100 (112.21) feet. Said land is shown as LOT 12-E on plan hereinafter mentioned. Northwesterly by Winter Street, seventy (70) feet; Northeasterly by Lot 12-G, one hundred thirty and 02/100 (130.02) feet; Southeasterly by Grove Street, fifty-one (51) feet; and Southwesterly by Lot 12-E, one hundred twenty and 73/100 (120.73) feet. Said land is shown as' LOT 12-F on said plan. Northwesterly by Winter Street, seventy (70) feet; Northeasterly by Chestnut Street, one hundred forty and 96/100 -(140.96) feet; Southeasterly by Grove Street, _.fifty-one . (51) feet; and Southwesterly by Lot 12-F, one hundred thirty and 02/100 (130.02) feet. Said land is shown as .LOT 12-G on said plan. All of said boundaries are determined by the Court to be loca- ted as shown on subdivision plan 15177-F (Sheet 2) dated June 20, 1946, drawn by Hearse & Kellogg, Civil Engineers, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 63 Page 6 with Certificate of Title No. 9626 and said land is shown thereon as LOTS 12-E, 12-F and 12-G. There is appurtenant to said land the right to use Louis Street in common with all others entitled thereto. So much of said land as is included within the limits of the private roads shown on said plan is subject to the rights of all persons law- fully entitled thereto in and over the same. Said land is subject to the rights granted in an easement given to the Barnstable Water Company dated November 9, 1931 being Document No. 6,084. s K.. a f s, 4 Y I Said land is subject to three Takings by the Town of Barnstable: ' one of Chestnut Street dated March 2 n 9 1946'be'1 g Document No. 17,873, another of Grove Street dated April 4, 1950 being Document No. 26,759 and the other of Winter Street dated April 3, 1969 being Document No. 129,123. r r And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said William H. Clark and Jean F. Clark, Trustees as aforesaid, to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting WITNESS, WILLIAM I. RANDALL, Esquire,Judge of the Land Court, at Barnstable,in said County of Barnstable. the twenty-second day of September in the year nineteen hundred and seventy-eight at 1.1 o'clock and 49 minutes, Attest, with the Seal of said Court, Land Court Case No. 15177 STEPHEN WEEKES, Assistant Recorder. it � s i I �I I .�• MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 75628 DATE OF INSTRUMENT DOCUMENT SIGNATURE OF NUMBER KIND RUNNING IN FAVOR OF TERMS DATE AND TIME ASSISTANT RECORDER DISCHARGE OF REGISTRATION 119,657 Mtge. Mt. Vernon Coop. Bank All Lots, $60,000. 3/15/68 0 Q l v# 3/18/68 9: 35a.m. wool ATTES- ASST.RECOR ER Lam.. 119,658 Mtge. Morris Savitz, Tr. All Lots $22,000. 3/15/68 DISCwRGED_/ Rr Do .ND._._._.... . .. 0//'O,.66o 3/18/68 9: 35a.m. 119,732 Assgt. William Herbits Mtge. Doc. 119,658. 3/15/68 3/21/68 8:40a.m. - 122,898 Assgt. Morris Savitz, Tr. Mtge. Doc. 119;658. 7/25/68 7/26/68 3,:02p.m. 122, 899 Assgt. Joseph B. Grossman, 2nd Mtge. Doc. 119,658. 7/26/68 7/26/68 3:02p.m. 136,012 Assgt. Morris I. Goldberg Assign. Mtge. Doc. 119,658. 12/31/69 1/16/70 10.:49a.m. 241,611 Trust W. Clark Trust See Doc. 7/1/78 9/22/78 11:49a.m. OliCfl - - _Q d-l o-8(p ASS-T.fWC4WAM 0 �p,�r• I 10-16- 3- Pm (SEE OVER) MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 75628 DATE OF INSTRUMENT DOCUMENT SIGNATURE OF NUMBER KIND RUNNING IN FAVOR OF TERMS DATE AND TIME ASSISTANT RECORDER DISCHARGE OF REGISTRATION - -- LA15 16 -a7- 10:1 /0-�� i 4 `bra tlfj /A6 i i /0-o2;2 - 2t(o ,w n/ ,J /D-5-9z c� I I S�13 as-9 /�. y9 \1✓L t I tall- 4-- LOT NO. /a ra,F /a- -ZZ Q per. i,T 7 y -F I $ 7 Sow, a-o-o- -- r G- 67 - j!o 86 371 1 C, rl MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE -. DATE OF INSTRUMENT DOCUMENT KIND RUNNING IN FAVOR OF TERMS DATE ND ME SIGNATURE OF - DISCHARGE A TI NUMBER OFREGISTRATIONAND -LASSISTANT RECORDER «Qacm. 6 FRTABLE COUN; RGu;4RY OF nEEpSCOPY --FTESrYT R_' IT SCFE- LE AS OF F.".8nnay 1, 1')63 164 Winter Street - Hyannis, Mass. lot Floor Left - Mrs. Richmond 75.00 lot Floor Right - Nancy Sands 110.00 2nd Floor Right - Miry Day 100.00 2nd Floor Left - Judy DeMello & M. Hoaland 100.00 Rear Apartment - Mrs. Joyce 65.00 . 170 Winter Street - Hyannis, Mass. Apartmont J1 - Mrs. Whittemore -$110.00 Apartment ;t2 - 110.00' Apartment ;A - Steve LaCrois 100.00 A;.=artment :f3 105.00 TK 2;.00 75 Charles Street - Hyarmis, Mass. A;)artment ,fl - Micheal Frye 35.00 Ap ur tmen t 1:7`2 - 90.00 Ap r tm.en t i�3 .- Mrs, ^comes 90.00 Apartment r4 - Mickey Klnr sley 0.00 Apartment ;t5 - Ann McCormack �r Apartment ;r'6 - Gladys Clark c .00 ITT�.00 William J . Clarh 72 VIDAL AVENUE EAST FALMOUTH, MASSACHUSETTS TEL. 548-6367 RENTS ADJUSTED 15th Day of March to 31st Day of March = 17 Daps Due Clark 75 Charles Street - Hyannis, Mass. . Due Apt. No. Tenants Name Monthly Rent Pd:�Foarch Per Dag Clark �_- #1 - Karen McManaway - -,_.. 0:00 - Paid $90.0 - .91 #2 Irene Whitten _.•+ - _ _ $95-00 Paid 85.00 .75 b.7 #3 - Micheal Kingsley - $90.00 -Paid 196�*..."'-00 - .91 - 9. #4 - Rosalie Gomes - $100.00 Paid 100.00, 3.23 - .9 #5 - Vacant r" - ---- _ ------ _ #6 - Ann McCormack - 65.00 - Paid 65.00 - 2.10 - 35.7 170 Winter Street - Hyannis, Mass. Due Apt. No. Tenants Name Monthly Rent Pd. For ,March Per Dag Clark #1 - 4orothy Whittmore - 4110.00 Paid 55.00 - Paid 2 - Orace Butler - 105.00 - Paid 105.0 $3.39 X 7. # - Vacant - ---- - ------ - --- - --- # - �tephen Lacroix & ..chard Jaruis - 100.00 - Paid 10 • .00 - 3.23 - 4. 164 Winter Str4et Hyannis Mass. Due Apts. No. Tenants Name Monthly Rent d. For March Per Day Clark #1 - Vacant, Yy#2 - Nancy Sands $100. - Paid $100.00 - $3.23 - #3 - Vacant - -- - - --- #4 - Mary Day \ 0.00 - Paid 100.00 - 3.23 5 . #Itf - Elizabeth Jo ` 0yce - 65.00 - Paid 65.00 - 2.10 55.7 - BETTERM.-M- TS - (Sewerage 3 stem .tIL 1967 .months) f64 Winter Stree -- 1. 0 -- 170 Winter Str t -- 52,50 -- 10.95 75 Charles St eet -- 70 0 -- 1 .70 . 1 0 is $222.9 C e, Total 1 . 2zz� � , av t /•� 07/01/1998 15:09 508-790-0556 BRADFORD'S HARDWARE PAGE 01 W % AFFIDAVIT r / of 3 make oath and say that I ave been a resident of Hyannis for o�sL years ,, and that i 06 qq e —� S�c� �9y 8, • r Print name Signed and sworn to by the said 1998 before me _ Notary Public • E xA• JEFFERY JOHNSON CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE,MASSACHUSETTS 02632 Jeffery Johnson Telephone(508)790-5776 George W.Miller Facsimile(508)775-1945 October 14, 1999 Barnstable Superior Court P.O. Box 425 Barnstable, MA 02630 ATTN: Phyllis A. Day, Clerk RE: . W. Clark Trust vs. Barnstable Zoning Board of Appeals et al Dear Ms. Day: Enclosed herewith for filing please find a Complaint, a Civil Action Cover Sheet and a check in the amount of $18.5.00. ' Please enter the docket number on my copy. Thank you for your assistance in this matter. Aef ruly urs, Jo n on JJ/mka Enclosure cc: W. Clark Trust c:cli-\clark\clark.doc 1 r ♦` 1 . _.___'__. _..___.. ...._..........__._.... ._:. ._....._ ....... .....__ _....._.... III Trial Court of Massachusetts DOCKET NUMBER SUPERIOR COURT DEPARTMENT Y 1XIL ACTION COVER SHEET Barnstable 0 Division JNTIFF(S) DEFENDANTS): , William H. Clark & Jean F. Clark, Trustees Barnstable Zoning Board of Appeals of the W. Clark Trust and Building Commissioner -790 •ORNEY(S)FIRM NAME,ADDRESS AND TEL) 08) 790-577§ ATTORNEY(S)(if known) Jeffery Johnson, Esquire Robert D. Smith, Town Attorney 1550 Falmouth Rd, Suite 4C Town Hall, 367 Main Street Centerville, MA 02632 Hyannis, MA 02601 lard of Bar Overseers # (Required) 252510 ORIGIN CODE AND TRACK DESIGNATION )lace an ® in one box only: 0 1. F01. Original Complaint ❑!4. F04 District Ct. Appeal c231, s. 97 (X) ❑ 2. F02 Removal to Sup. Ct. c231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from ❑ 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X) ❑ 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO..' TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? CO 2 Zoning_Ap Pat C' 40A ,.(F,) [I Yes NO 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required.in ALL Types of Actions) Plaintiffs,applied to the Defendant Zoning Board of Appeals to overturn the decision of the Building.Commissioner. The application was denied. Plaintiffs are aggrieved by that decision and brings this appeal pursuant to G.L. C. 40A, Section 17. . : . 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. DATE DIGNATURE ORNEY OF OR PLAT 10/14/99 DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered BY: ❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District DATE ❑ 2. During jury trial or non-jury hearing Court under G.L. c.231, DISPOSITION ENTERED ❑ 3. After jury verdict s.102C. ❑ 4. After court finding Disposition Date BY: DATE: rl A Affar nnst trial motion [ l [R309, 256 . ] LOC] 0178 WINTER STRr T CTY] 07 TDS] 400 HY KEY] 225562 `h ---MAILING ADDRESS------- PCA] 1111 PCS] 00 YR] 00 PARENT] 0 `{ CLARK, WILLIAM H & JEAN F MAP] AREA] 63BC JV] MTG] 9210 HARBOR RIDGE RD SP1] SP21 SP31 UT11 UT21 . 18 SQ FT] 2080 N FALMOUTH MA 02556 AYB] 19 3 0 EYB] 19 6 5 OB S] CONS T] i 0000 LAND 17700 IMP 69400 OTHERAl ----LEGAL DESCRIPTION---- TRUE MKT 87100 REA CLASSIFIED #LAND 1 17, 700 ASD LND 17700 ASD IMP 69400 ASD OTH #BLDG(S) —CARD-1 1 69, 400 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL 75 CHARLES ST HYANNIS TAX EXEMPT #DL LOT 12G RESIDENT' L 87100 87100 87100 #RR 1866 0070 0285 0141 OPEN SPACE #SR CHARLES STREET COMMERCIAL INDUSTRIAL EXEMPTIONS SALE] 00/00 PRICE] ORBI C42269 AFD] LAST ACTIVITY] 09/02/92 PCR] Y ! �a "I y =�1 i R309 256 . • P P R A I S A L D A T KEY 225562 CLARK, WILLIAM H & JEAN F LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RB 17, 700 69, 400 1 A-COST 87, 100 a B-MKT 102, 700 BY 00/ BY ME 12/87 C-INCOME PCA=1111 PCS=00 SIZE= 2080 JUST-VAL 87, 100 y LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA 63BC ----------------------------- NEIGHBORHOOD 63BC HYANNIS PARCEL CONTROL AREA TREND STANDARD 101 10 LAND-TYPE 177001 LAND-MEAN +0% 871001 61720 IMPROVED-MEAN +120 200 ] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 1000] LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP]ADJS/SB/FEAT STR] STRUCTURE ARR]AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] 1 i a j' i i 3 I t i R309 256 . • P E R M I T [PMT] ACTO[R] CARD [000] KEY 225562 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR .CMP NEW/DEMO COMMENT '1 { 1r t; is h LAND COST ' Fin.Bsmt.Area Bath Room Bass 3 8�.J. BLDG.COST Cone:Blk Walla *:` Bsmt.Rec.Room St. Shower Bath Bsmt. Cone:Slab 9, r `; " Bsmt.Garage St. Shower Ext. PURCH. DATE Walls PURCH. PRICE. Bdck:Wslls " t Attic FI.&Stairs Toilet Room Roof RENT Stons,Wella n; Fin.Attic O Two Fixt. Bath Floors Pia►s'':?;`r.'. INTERIOR FINISH Lavatory Extra Bsmt". iy- F I 2 3 Sink r/t rA Plaster Water Clo. Extra Attic EXTERIOR WALLS Knotty Pine Water Only Double Siding Plywood No Plumbing Bsmt. Fin. Single Siding Plasterboard Int.Fin. Shingles TILING �' L t�Q Conc. Bik,. I(; F P Bath Ff. Heat a0 SV Face Brk.On Int.Layout Bath Fl.&Wains. Auto Ht.Unit �y ZD �s 9.00 Veneer Int.Cond. Bath Ff.&Walls Fireplace Com.Brk.On HEATING Toilet Rm. FI. Solid Com.Brk. HotAir Toilet Rm.Ff.&Wains. Plumbing ' _ Steam Toilet Rm.Ff.&Walls Tiling, 36 Blanket Ins. Hot Water 8 St. Shower — Roof ins. V. Air Cond. Tub Area Total Floor Furn. •/S�� �0 8 ROOFING PA-' COMPUTATIONS Asph.'Shingle Pipeless Furn. 0 0 S.F. O Wood Shingle No Heat G S.F. p 7 t) o fa 3 (. Asbs.Shingle Oil Burner S. F. Slate Coal Stoker S.F. Tile Gas S.F. OUTBUILDINGS ^ ROOF TYPE Electric Gable Flat S.F. 1 2 3 4 5 6 7 8191101 1 2 3 4 $ 6 7 8 ,9 10 MEASUREi Hip Mansard FIREPLACES S.F. Pier Found. Floor/, Gambrel Fireplace Stack Wall Found. 0.H.Door LISTED FLO RS Fireplace Sgle.Sdg. Roll Roofing Conc. LIGHTING Dble.Sdg. Shingle Roof Earth No Elect. DATE Pine Shingle Walls Plumbing Hardwood ROOMS Cement Blk. Electric Asph.Tile Bsmt. 1st TOTAL 6(. ILBrick Int.FinishICED Single 2nd 4,7_q 3rd FACTOR jr,() .3 t' REPLACEMENT 3y;Lt.3 OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. DWLG.Z rA,4i Z C c is 'vP S/ ih- 19 30 ? 70 0 1 2 3 4 S . 6 7 B 9 10 TOTAL RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY 25 STREET 75 Charles St. , Hyannis 65 on Grove -7y LAND G 4 BLDGS. as 3b l OWNER H TOTAL 3 a / S _..... LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: Lot 12G LC 15177-F 2 rn BLDGS. Clark .villiam H.. & can F. 3/18 68 34 119 TOTAL . LAND or BLDGS. e al TOTAL ) ® - LAND BLDGS. TOTAL LAND BLDGS. 01 TOTAL LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND INTERIOR INSPECTED: BLDGS. TOTAL DATE: s .G//7/ -� %s: 7�-� ,�,�P,p'T, LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE 7 # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL 'HO OT y,3 /° ��aa L so `I S° LAND - CLEA D FRONT BLDGS. OI _ REAR TOTAL WOODS&SPROUT FRONT LAND REAR BLDGS. rn WASTE FRONT TOTAL REAR LAND 0 BLDGS. TOTAL LAND BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH 96 FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. r TOTAL LOW DIRT RD. LAND, SWAMPY NO RD. rn I BLDGS. ROPERTY ADDRESS ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I STATE I PC•S NBHD PARCEL IDENTIFICATION NUMBER CLASS KEY NO. 0173 WINTER STREET 07 RB 400 07HY 01/04/96 1111 00 638C R309 256. 225562 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS TY TPRICEPRICE UNIT L anp ey/Dale Sae Dimension pACRES/UNITS VALUE Descriptipp C LARK. W I LL I A M H 8 JEAN F MAP— ADJ.CD. FFDepm/Acres LOC./VR.SPEC.CLASS COND. E !ELAND 1 17,700 tMARKET DS IN ACCOUNT — 10 '16LDG.SIT 1 X .18 =10 328 29999.99 .18 1T700 AtBLD6(S)—CARD-1 169,4001 OF01 NPL 75 CHARLES ST HYANNIS U X C= 100 1400.00 1.00 14000 B #DC LOT 12G 102- PLACE U X C= 100 3100 0.00 1.00 3100 3 #RR 1866 0070 0235 0141 E A #SR CHARLES STREET Di APPRAISED VALUE ' J A 87,10C : U j PARCEL SUMMARY S j (LAND 17700 T BLDGS 69400 0-IMPS n i I I I I (TOTAL 87100 N CNST I DEED REFERENCE Type DATE I I Recortled PRIOR YEAR VALUE c Book Page Inst. MO. Yr.DI Seles Price LAND 17700 C42269 90/00 SLDGS 69400 TOTAL 87100 j BUILDING PERMIT — *1 THERMASTAT IN Number Dete Typo Am 1 8 L D G....._ LAND LAND-ADJ INC ME SE SP-BLDS FEATURES BLD-ADDS UNITS LAND ADJ. F-OR 17700 17100 ECONOMICS._._._. Class U�tsl Untils Base Rate AOj.Role A Year Buil'� Age Depr. �ppp. CND. Loc. Wo R.G. Re pl.Cosl New AOj.Rept.Value Stories Height Rooms e I Rms.Baths I Fit. I Per".11 F.c. 0'4C 000 100 100 70.10 70.10 30 65 29 66 85 51 135990 69400 2.0 8 4 4.0 16.0 Rate S,,..,.Feel Repl.Cost MKT.INDEX: 1.QD IMP.BY/DATE: ME 1 2/87 SCALE' 1/01.00 ELEMENTS CODE CONSTRUCTION DETAIL M 100 70.10 960 67296 GROSS AREA 8 FOUR FAMILY DWELLING DOO CNST GP:00 1SB 100 70.10 160 11216 *-------------------40------------------* STYLE 18 ULTI FAMILY 0.0 820 60 42.06 960 40378 I 820 ' ESIGN ADJMT 00 D,0 ! ! XTER.WALL S TI woo D SHINGLES 0.0 --- - - --- -------- --------- - , HtA77AC TYPE Q9 IL-HOT WATER 0.0 --------- ----- - DRY 154DRYWAII D.0 ! ! INTER.LAYOUT T2 VER.INORMAL 6.Q ! ! INTE9 tI ALTY 02SAPi8 AS EX TER. 0.0 24 BASE 24 I`LOOR STRUCT 02WD JOIST%BEAM D.0 ---- ---- --- - - -------- --------- D _ W ! EFLOOR COVER 01HARDWOOD �.0 TOtai Are.,s Aur • Base. 1120 I I --------------- --- E ROOF TYPE 01GAEtlE-ASPN__S_- 0_0 T BUILDING DIMENSIONS ! ELECTRICAL___ 01 VERA6E _ _ 0.0_ A BAS W40 1S8 SO4 E40 N04 W40 .. ! ! FOUNDATION 6zCoNcRFfE BLOCK 99. BAS N24 E40 S24 .. 920 N24 W40 6U- ---- ON-- -- ---------BLOC - 99. I I S24 E40 ------ --- - - - --- --- ----- L *-------------------40------------------X NEIGH80RHOOD 6LANDHYANNITOTAL MARKET 4 1S8 4 PARCEL 17700 37100 *-------------------40------------------* AREA 2.325 VARIANCE +0 ♦3646 STANDARD 20 r 5 /�� f w a i ' y _L f z , l ji: III